A House committee has called on the Food and Drug Administration to “continue and intensify” its enforcement of CBD companies who make unapproved claims about the benefits of cannabidiol, as it works with Congress to create a regulatory path for the product.
The panel also noted that the U.S. Department of Veterans Affairs (VA) is working to educate veterans about home loan benefits and how they can protect themselves if they work in states where marijuana is legal.
These issues are addressed by new reports that were attached to the annual spending legislation passed last week by the House Appropriations Committee. The bill to fund the U.S. Department of Agriculture, meanwhile codifies protections of state hemp programs.
These are the first examples, as the fiscal year 2024 appropriations process gets underway under Republican control in the House of Representatives this Congress.
The CBD language of the USDA and FDA spending bill report states that the appropriators “are concerned about the proliferation [of foods and dietary supplement] products being marketed in violation of federal Food Drug, and Cosmetic Act, including products containing derivatives from the cannabis plant.”
reports that non-compliant CBD products can pose a health and safety risk to consumers by making false, misleading and unsubstantiated claims about cannabis and cannabis derivatives being able to treat serious diseases and conditions including COVID-19.
The Committee acknowledges that FDA plans to work with Congress in creating a regulatory frame that could allow one compound found in cannabis, Cannabidiol(CBD), as a consumer product,” it continued. The FDA indicated that a regulatory framework would protect consumers by giving the agency risk management tools for managing CBD risks. These include labeling requirements, prevention contaminants, content limitations, and other public protections such as minimum age of purchase to reduce the risk of children consuming CBD.
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The FDA announced in January that after an extensive review it had determined that it would be unable to develop independently regulations that allowed for the marketing CBD products as food or dietary supplements. was under pressure for its inaction. However, it insists that Congress should step in and facilitate this rulemaking.
The Appropriators continued to state that they acknowledge “FDA’s efforts to use existing authorities for cannabis-related activities, including research and requests for data. Consumer education, guidance and policy on cannabis-based drug products development, as well as enforcement against wrongdoers.”
The agency should “continue to increase its efforts” in light of the high prevalence of CBD products that do not comply with the law.
The report states that “The Committee expects FDA enforcement action against any manufacturers of cannabis products that are marketed with illegal therapeutic claims in order to preserve the integrity and efficacy of the drug approval and development processes.” This ensures that all products, including cannabis-containing drugs, have been subjected to a rigorous scientific assessment to verify that they are pure, effective, and safe for the conditions and diseases they claim to treat. It is important that FDA continues to use its existing powers to encourage investment in clinical studies of cannabis to better understand its therapeutic value.
the spending bill report from last year also raised concerns regarding CBD products that were improperly marketed, but it was not until now that the call for increased enforcement and language about working with Congress to develop regulations had been added.
The appropriations bill contains familiar language that prohibits the use of funds for interference in the hemp sector.
SEC. 745. No funds from this Act or other Acts may be used.
The Agricultural Marketing Act of 1946, subtitle G of the Agricultural Marketing Act of 1946 or section 10114 of the Agriculture Improvement Act of 2018; 5940), subtitle D of the Agricultural Marketing Act of 1947, or section 100114 of the Agriculture Improvement Act of 2018
It is prohibited to transport, process, sell, or use hemp or seeds of this plant that are grown or cultivated according to section 7606 of Agricultural Act of 2014, or subtitle G of Agricultural Marketing Act of 1947, in or outside of the state in which they were grown or cultivated.
Separately, in the Military Construction, Veterans Affairs and Related Agencies Bill report, a section states that “VA clarified that VA statutes and regulations do not specifically prohibit a veteran who earns income from state-legalized marijuana activities from obtaining an eligibility certificate for VA home loan benefit.”
The Committee is aware that VA has been working on improving communication with lending institutions eligible to reduce confusion between lenders and borrowers in this matter, it says.
The VA has said that it will not deny VA home loan benefits to veterans who are employed in the marijuana sector. However, the agency stated last year some potential lenders might not want to take the risk that they may be unable to repay the loans due to the unstable cannabis industry caused by the federal prohibition.
As Congress finalizes the appropriations for fiscal year 2024, it will release bills and reports about funding for other agencies on a continuous basis.
NCAA panel recommends removing marijuana from the list of banned substances for college athletes
Photo by Mike Latimer.
The article Congressional Committee calls for increased enforcement against non-compliant CBD products first appeared on Marijuana Moment.
