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Congressional Research Service Notes Hemp Industry’s Recent Decline Despite FDA Inaction on CBD Rules

August 24, 2023 by Kyle Jaeger

The Congressional Research Service’s (CRS) new report offers an overview of the challenges facing the hemp industry in the United States as legislators work to create a regulatory framework that will allow the legal marketing of CBD products despite the FDA’s continued inaction.

CRS’ report released on Friday said that FDA’s decision to determine it lacks the authority necessary to create cannabidiol regulation has created a scenario where lawmakers themselves must step in. Researchers have noted that hemp has suffered a significant economic blow since the 2018 Farm Bill legalized it.

reports that there will be significant losses in the value of production from 2021-2022.

The new report by congressional researchers states that “losses were pronounced on the hemp flower market.” This is where most of the hemp-based compounds and derivatives, such as CBD derived from hemp and other cannabinoids, are produced. The USDA reports that farm-level production of hemp flowers will total $204 million by 2022. This is down from $687 millions in 2021.

FDA stated that it conducted a thorough review before concluding, in January, they couldn’t regulate the complex market. The industry’s economic problems are attributed to the uncertainty that has resulted. This has also caused confusion in the market as companies continue to sell cannabis products, which include intoxicating cannabinoids like delta-8 THC without any meaningful oversight.

The CRS report states that in response to the continued inaction, bipartisan congressmen have proposed legislation to fill the regulatory gaps, and allow for the legal marketing of CBD products as food or dietary supplements. In response to the ongoing inaction, the CRS report says that bipartisan congressional lawmakers have a href=”https://www.marijuanamoment.net/new-bipartisan-congressional bills-would allow hemp derivatives like CBD as dietary supplements and food additives/” rel=”noopener” target=”_blank”>introduced legislation to fill the regulatory gap/a> and provide for the lawful marketing of CBD as food items or dietary supplements

The report by a CRS agriculture policy specialist states that “this issue, or parts of it, may be debated when Congress reauthorizes the next farm law.” CRS, in a report published late last year, also listed a few ways stakeholders hoped to see federal hemp legislation revised to better support the industry. This is done through the large-scale agriculture legislation, which is reauthorized about every five years.

The House and Senate committees requested information from state marijuana regulators as well as hemp industry association. While there were some differences about FDA’s current authority, the majority agreed that Congress should take a holistic approach to the issue , and consider rules for hemp-derived cannabinoids including delta-8 THC.

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The Drug Enforcement Administration (DEA) has made it clear that they do not consider synthetic cannabinoids, such as delta-8 THC, to be federally illegal controlled substance that is not covered by the 2018 Farm Bill.

In April, House Oversight Committee chairman James Comer (R – KY) announced that his committee would launch an investigation into FDA CBD review. He asked the agency to turn over any documents related to the decision to not regulate the cannabinoid. The congressman had expressed his intention to deal with the lack of rules even before the agency took that decision.

The FDA announced that it would not be regulating CBD just days after released its finalized guidelines, which focused on the development of cannabis-based drugs and outlined the unique considerations scientists should take into account when working with hemp and marijuana.

released the first-ever guidelines on developing psychedelic medicine. In response to a directive issued by President Joe Biden in 2013, the FDA is also working on reviewing the federal scheduling for marijuana.


Minnesota Governor dismisses claims that state constitution allows people to sell homegrown marijuana without a license following legalization


Photo by Brendan Cleak.

The post Congressional Research Service notes Hemp industry’s recent decline amid FDA inaction on CBD rules first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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