Democratic, GOP sens. want FDA regulation of hemp CBD
Senators Jeff Merkley (D-Ore.), Rand Paul (R-Ky.) and Ron Wyden (D-Ore.) introduced a bill on Wednesday to make sure the Food and Drug Administration (FDA) regulates hemp-derived CBD products like the agency does for other legal products used in beverages, dietary supplements and foods.
For now, any new beverage, food or dietary ingredient is prohibited by the Food, Drug, and Cosmetics Act (FD&C Act) from being available for sale if that ingredient has been studied or approved as a drug. Though the FDA can exempt ingredients, the agency has not yet exempted hemp CBD in spite of the fact that the Congress has acted to legalize its production and sale.
The legislation introduced today by Merkley, Paul and Wyden – Hemp Access and Consumer Safety Act – allows the FDA to exempt hemp CBD from the prohibition, letting the agency regulate the CBD like all other new beverages, foods and dietary ingredients.
Senator Merkley said in a press release his office issued, “Every day that the FDA drags its feet to update its CBD regulations, hemp farmers are left guessing about how their products will be regulated, and real economic gains for workers and business owners in Oregon and across the country are left on the table.”
He added, “Hemp-derived CBD products are already widely available, and we all need FDA to issue clear regulations for them just like they do for other foods, drinks, and dietary supplements.“
The bill, if passed, will allow for hemp CBD products to be legally used in beverages, foods and dietary supplements under the FD&C Act.
“CBD products are legally being used and produced across the nation. Yet because the FDA has failed to update its regulations, consumers and producers remain in a regulatory gray zone,” said Senator Wyden in the press release issued by his office. “It’s been more than two years since I worked with colleagues to have Congress legalize hemp and hemp-derived products. It’s long past time for the FDA to get with the program, for the sake of American consumers and farmers.”
The act, if passed, will be prioritizing consumer safety by asking manufacturers to meet all current federal regulations for CBD-containing products.
The [same] press release issued by offices of Senators Merkley and Wyden also has a comment from Senator Paul, who said in his statement, “Hemp-derived CBD products and businesses have earned their recognition in the marketplace, but the FDA, unfortunately, hasn’t treated them like any other food additive or dietary supplement. The Hemp Access and Consumer Safety Act directs the FDA to regulate hemp products properly and provides a huge relief to hemp farmers, processors, and merchants.”
In a related news reported by the Canna Law Blog (we learned the news from The Fresh Toast), the California Department of Public Health (CDPH) issued a revised Information on Industrial Hemp (IH) Derivatives Including Cannabidiol (CBD) earlier this year in January, stating “CBD derived from hemp or any other source is currently not allowed in any of the items regulated by the Food and Drug Branch of the California Department of Public Health, including foods, drugs, and cosmetics.”
The position by the CDPH that “CBD cannot be added even to cosmetics such as lotions or salves in the State of California,” says the article by the Canna Law Blog, “is even more restrictive than FDA’s stance on the same topic. In all, it seems that the agency is intent on doing everything in its power to make life difficult for the industry. There are numerous states that are doing their best to regulate CBD products and ensure they are safe in spite of the FDA’s position, but California – the largest economy in the U.S. – has decided to just ban the products. As of now though, we aren’t aware of any publicized enforcement efforts.”
A one-page summary of the bill by the three US senators can be read here, while the full text of the legislation is available here.
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