Two bills were reintroduced by bipartisan congressional legislators to regulate hemp derivatives such as CBD. They are intended to be used as food and beverage additives and dietary supplements.
Representatives Morgan Griffith (R.VA) and Angie Craig, (D.MN), sponsored the two measures filed Friday – the Hemp and Hempderived CBD Consumer Protection and Stabilization Act and CBD Product Safety and Standardization Act.
An earlier version of the bills was filed in Congress last Congress. It did not advance. However, advocates and industry stakeholders believe that the recent announcement by the Food and Drug Administration (FDA) that it would not be taking steps to regulate CBD will push lawmakers to take action.
FDA has “dragged its feet” in properly regulating CBD hemp-derived products on market, creating confusion over its legal uses, Griffith stated in a Friday press release. “Americans require better guidance. That is why I introduced these two pieces legislation that will provide a pathway for regulation in the food and dietary supplement space.”
The Hemp and Hempderived CBD Consumer Protection and Market Stabilization Act would require that hemp, hemp-derived CBD and any other derivatives of the federally legal cannabis plants be made lawful under the Federal Food, Drug, and Cosmetic Act.
According to the CBD Product Safety and Standardization Act (the legislation), FDA would have to establish rules and allow public comments on how much CBD can be added to food or beverages, labeling and packaging requirements, and the “conditions for intended use”.
Craig stated that Minnesota has seen firsthand how small businesses and local governments need to be more informed about CBD and hemp-derived products. “That’s why I partnered with Rep. Griffith to create these bipartisan bills that will better regulate CBD products, keep consumers safer, and ensure that our hemp farmers and businesses receive the support they require.”
In January, FDA stated that it would not create rules for CBD marketing as food supplements or foods. This leaves the vast industry without regulation despite numerous calls from advocates, lawmakers, and stakeholders.
FDA concluded that CBD will not be able to use the same regulatory pathways as other food additives and dietary supplements after conducting a careful review of the non-intoxicating cannabis. The FDA stated that it wants to work with Congress to find a better way forward.
In a press release, U.S. Hemp roundtable General Counsel Jonathan Miller stated that the FDA had made it clear that Congress must take legislative action to fix its CBD regulatory problem. He added that these bi-partisan bills reintroduced in Congress by Reps. Griffith & Craig are the solution. “The FDA’s inaction during the last four years has had a devastating effect on U.S. Hemp growers and has left thousands unregulated products on market, raising safety and health concerns for consumers.
FDA’s announcement was made days after , the agency published final guidance which focuses on the development of cannabis-based drugs. It outlined the process and special considerations for scientists in relation to hemp and marijuana.
In January, James Comer (R-KY), Chairman of the House Oversight and Accountability Committee, stated that he was ready to confront FDA about their failure to pass regulations regarding hemp-derived products such as CBD.
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Since hemp and its derivatives became federally legalized in the 2018 Farm Bill, FDA has been under increased pressure from industry groups and bipartisan lawmakers to address the issue.
The agency’s top officials have indicated that they believe it may need to work with Congress to properly regulate CBD.
Rep. Brett Guthrie (R.KY) and Griffith wrote last year to FDA Commissioner Robert Califf, requesting answers regarding the continuing lack of regulations for CBD.
In August, Griffith and other bipartisan legislators wrote a related letter to FDA commissioner. They were dissatisfied at the “completely inadequate response” that the FDA provided to their bill requesting hemp-derived CBD be allowed and regulated as an additive to food.
The sponsors requested technical assistance from FDA in order to assist with key provisions after the earlier version was filed in late 2021. Four months later, FDA sent a response of “one page” that was “simply reformatting a document given to Congress more than two years ago.” The lawmakers stated.
FDA’s Califf acknowledged that rulemaking for CBD in food supply had been slow at the agency. He stated that the situation is “similar to where we were in 2016” when he started working on it.
While he stated that the FDA has made steps to investigate the safety profile cannabinoids in order to inform future regulations, he also punted criticism about Congress’ inaction, saying that he doesn’t believe the “current authorities we have on either the food or the drug sides necessarily give us the necessary tools to move forward.”
Califf stated, “We’re going have to come up with some new ideas.” Califf said, “I am very committed to doing this.”
FDA recently praised its role in helping a state agency crackdown on a company that was selling delta-8 THC chewables, which they claimed were linked to “serious adverse effects.”
Five companies selling CBD-rich foods and beverages were warned by the agency in November.
Although the agency did not specify why it chose these five companies from many others that sell similar cannabidiol-infused products, it stated that they are selling products that people could confuse with traditional foods and beverages that may lead to unintentional or excessive consumption of CBD.
All this is happening in the background to a major task for FDA Conducting an extensive scientific review of marijuana under the direction of President Joe Biden in order to assist in assessing its federal scheduling. Officials say that although FDA’s recommendation will not be binding, they expect DEA’s scheduling recommendation to be consistent with their findings regarding marijuana’s risks and benefits.
A bipartisan bill was also introduced by congressional members this month. It seeks to end a federal policy they call discriminatory that prohibits people with prior felony drug convictions , from owning or leading legal cannabis businesses.
Below is the text for the CBD and hemp bills:
Photo by Kimzy Nanny.
Marijuana Minute – The post New Bipartisan Congress Bills Would Allow CBD Derivatives As Dietary Supplements and Food Additives appeared originally on Marijuana moment .
