Bipartisan Legislation Introduced to Regulate Hemp-Derived CBD
On July 20, 2023, the Hemp Access and Consumer Safety Act was reintroduced in the U.S. Congress. The long-awaited legislation, originally introduced in 2021, would require the U.S. Food and Drug Administration (FDA) to regulate ingestible hemp-derived cannabidiol (CBD) products the same as other foods, beverages, and dietary supplements.
The 2018 Farm Bill legalized the production and sale of industrial hemp and hemp derivatives. Since legalization, hemp-derived CBD has grown in popularity, but the FDA has yet to act in making sure hemp-derived food and beverage products on the market are safe and of the highest possible quality.
Pursuant to current FDA guidance, it is illegal to market CBD products as food or dietary supplements. The Hemp Access and Consumer Safety Act, however, would give purveyors of hemp-derived CBD the opportunity for these products to be legally used in food, beverages, dietary supplements in accordance with the Federal Food, Drug and Cosmetic Act (FFDCA). It would also prioritize consumer safety by requiring manufacturers to comply with existing regulations for CBD containing products and ensuring products are properly labeled.
CBD currently resides in a legal grey area because the FFDCA prohibits an ingredient – such as CBD – from being classified as a food or dietary ingredient if it was first studied as a drug before it was marketed as food or supplement in interstate commerce. The FDA has the authority to exempt items from this prohibition; however, the agency has not created any legal exceptions for hemp-derived CBD to-date, and it has previously studied and approved a CBD-based drug, known as Epidiolex, which contributes to this quandary they face.
While the likelihood of passage of this legislation is yet to be determined, 33 states have adopted their own laws regulating ingestible CBD products in the interest of consumer safety. We will continue to provide updates with more information as this legislation progresses.