Lawmakers propose bipartisan CBD regulation bill

A bipartisan group of lawmakers introduced legislation Thursday to ensure hemp-derived CBD products are regulated by the U.S. Food and Drug Administration, while on the same day a Republican official announced a hearing to review the agency’s refusal to regulate the cannabinoid after legalizing hemp five years ago.

In 2018, Congress legalized hemp cultivation and trading with the passage of that year’s Farm Bill. But the FDA has since refused to regulate hemp-derived CBD for use in food, beverages, and dietary supplements, and announced in January that it would not do so without further legislation from Congress.

On July 20, US Rep. Earl Blumenauer and Senators Ron Wyden and Jeff Merkley, all Democrats from Oregon, joined Republican Sen. Rand Paul of Kentucky to introduce the Hemp Access and Consumer Safety Act, a bill that would direct the FDA to regulate hemp-derived CBD as an ingredient in food, beverages and dietary supplements. In a joint statement, the bipartisan group of lawmakers called the development “a measure essential to protecting consumer safety and treating hemp producers fairly.”

“Although hemp and hemp-derived CBD have been legally grown in the United States for almost five years, they still find themselves in a regulatory gray area that puts consumers at risk and holds producers back,” Wyden said in a joint statement from lawmakers. “The FDA says it needs Congress to act. Our mission is to ensure equitable and safe access to hemp-derived CBD.”

Federal law restricts the use of CBD

Currently, the federal Food, Drug and Cosmetic Act prohibits the entry into the market of any new nutritional ingredient, food or beverage once it has been studied or approved as a drug. The FDA has the power to exempt items from this ban, but has not yet exempted hemp-derived CBD, despite moves by Congress to legalize the cannabinoid’s production and sale. By exempting hemp-derived CBD from the ban, the Hemp Access and Consumer Safety Act would allow the FDA to regulate hemp-derived CBD like all other new food ingredients, foods, and beverages.

If passed, the law would allow hemp-derived CBD products to be used in dietary supplements, foods and beverages under the federal Food, Drug and Cosmetic Act. The bill also includes provisions that prioritize consumer safety by requiring manufacturers to comply with all existing federal regulations for products containing CBD and to ensure those products are properly labeled.

Paul, who was an optometrist for more than 15 years before being elected to the Senate, found that many consumers are already using CBD products for their purported health and wellness benefits.

“Hemp-derived CBD products and companies have earned a lot of recognition in the marketplace, but unfortunately the FDA hasn’t treated them like other food additives or dietary supplements,” Paul said. “The Hemp Access and Consumer Safety Act directs the FDA to properly regulate hemp products and provides tremendous relief to hemp farmers, processors and retailers.”

The bipartisan bill is supported by hemp and CBD industry stakeholders including the Oregon Farm Bureau, Wine and Spirits Wholesalers Association (WSWA), Vote Hemp, American Herbal Products Association (AHPA), Hemp Industries Association (HIA), National Hemp Growers Association, Realm of Caring, US Hemp Authority (USHA), Veterinary Cannabis Society, Midwest Hemp Council, Colorado Hemp Association, Kentucky Hemp Association, Georgia Hemp Association, iHemp Michigan and the Virginia Hemp Coalition.

“This bill provides a much-needed path for the FDA to provide a clear and consistent framework for the production, marketing and sale of hemp-derived CBD to ensure consumer safety while promoting a thriving, regulated market,” said Jonathan Miller, general counsel of the industry group US Hemp Roundtable. “We look forward to supporting his efforts and appreciate his long-standing commitment to realizing the full potential of the hemp industry.”

Michigan lawmakers plan hearing

Also on Thursday, Republican Rep. Lisa McClain of Michigan, chair of the House Health Care and Financial Services Subcommittee, called a hearing to investigate the FDA’s refusal to regulate CBD for use in dietary supplements, foods and beverages. The hearing, titled “Hemp in the Modern World: The Years of Waiting for FDA Action,” will be held on Thursday, July 27 at the Rayburn House Office Building.

“The FDA has failed in its duty to ensure the safety of legalized hemp products for too long,” McCain said in a statement Thursday. “Without these regulations, dangerous products could hit the shelves while safe and credible CBD products could be prevented from entering the market. We’ll explore exactly why the FDA chose to ignore its regulatory responsibilities related to CBD and other jurisdictions. We need to make sure the FDA doesn’t set a dangerous precedent and use this as an opportunity to seek more authority and resources from Congress.”