New Senate bill would regulate foods and beverages fortified with CBD

There is always a sense of concern and uncertainty because cannabis is still illegal at the federal level. However, there is a glimmer of hope when such discourses take place with bipartisan support.

The Senate’s new bill to regulate CBD foods and other products is an example of a bipartisan effort empowering the Food and Drug Administration to treat cannabinoid-like other products made from hemp.

The Law Regulating CBD Foods and Other Products

Senator Rand Paul of Kentucky, Senator Ron Wyden, and Senator Jeff Merkley of Oregon endorsed the bill along with the Hemp Access and Consumer Safety Act. In a statement, Wyden claims that this bill is timely because the FDA is not updating its rules for such hemp-based products.

Senator claimed he worked with other Senators to allow Congress to legalize hemp and other hemp-based products. This time around, they’re supposed to make sure the FDA takes the program seriously for America’s sake.

In 2018, Congress approved the Agriculture Improvement Act, which is not only the most recent Agriculture Act but also a step to remove hemp from Category 1. Scheme 1 grouping for hemp complicates regulation and legalization, and this law (if successful) removes such restrictions.

CBD products are used across America by states that have legalized them, so one has to wonder why the Senate did nothing to ensure that the federal government received their CBD revenues. American consumers and farmers will have more liberality on CBD with a bill passed by Congress.

But Congress still doesn’t have the final say as the FDA must approve and certify CBD for safe consumption. So is the FDA on board with this plan?

The FDA Restrictions and Their Threats to the Law

According to FDA regulations, no new dietetic foods, ingredients, or beverages are allowed on interstate trade if they have already been approved as a drug. Now, CBD is mainly used in the pharmaceutical industry, and the FDA had approved the drug Epidolex, which is purified CBD. Epidolex is used to treat seizures.

The FDA also has powers to remove substances from the Prohibited List and has claimed that it has “limited” knowledge of the safety of CBD and other marijuana-based substances. Although the FDA has made some effort to gather information about the safety of CBD from stakeholders, its advances have produced no results.

Their progress has been slow due to the negative effects of the COVID-19 pandemic. As a result, the FDA has only resorted to sending warnings to companies making multiple claims for their CBD substance. For example, CBD products have been marketed as treatment options for arthritis, relief from cancer pain, and even Alzheimer’s disease.

Only an effort by Congress to legalize hemp cultivation and Hemp Access sponsors has led the FDA to effectively regulate hemp products to help farmers and traders alike.

However, the FDA is the only body holding Congress from taking a bold approach to CBD. Senator Merkley aptly said that for every day the FDA continues to waste time updating CBD regulations, hemp farmers will continue to miss out on a profit. Farmers will also have to guess which products are regulated and business owners will not know how to get to market.

The way forward

The Consumer Safety Act and Hemp Access Plan allow legal use of hemp-based CBD products in foods, beverages, and supplements with the Federal Food Drug and Cosmetic Act. The bill’s sponsors agree to prioritize customer safety and ensure that manufacturers (for CBD products) comply with all state requirements.

The bill will also ensure that all products fortified with CBD are well labeled. In addition, the bill insists that the Minister of Health and Human Services set requirements for dietary supplements and foods containing hemp.

Senior Vice President of Government Affairs at the Consumer Brands Association, Jeff Daulby, claims that the CBA praised Senators Merkley, Wyden and Paul for their support for CBD. Consumer brands have also campaigned for a federal regulatory framework for CBD that will help the FDA establish smart and consistent laws.

Congress also hopes that through the FDA authorization, they will provide the much-anticipated rules for American CBD suppliers. If the FDA takes its responsibilities seriously and influences Congress to legalize cannabis, it will be a good day for farmers and consumers.

Every nation needs to think about how to generate internally generated revenue, and with the rest of the world adopting cannabis, it is time for America to do the same. The amount of lost revenue is largely attributed to the back and forth between the FDA and the Senate.

If only both parties agree to the process and can continue to work to ensure that America has free access to cannabis. There will still be hurdles to overcome in the future, but one thing is certain: cannabis will continue to grow in the states that have legalized cannabis.

Yes, the future of cannabis is indeed ahead of us, but we have to work together as a team to get there. So while the Senators are doing their best to enforce the law, the FDA must recognize the truth about CBD-infused products as a valuable part of society.

Bottom line

The US Senate’s efforts to ensure that CBD, like food and other products, is regulated are a step in the right direction. Yes, this is the right step in the right direction, but the path to this goal will not be easy and we must all adjust to it.

In the past, the Senate had made similar efforts to regulate and legalize cannabis with no success. However, experts and enthusiasts are optimistic about this bill: the future will tell whether they are right or wrong. Until then, keep using your voice to emphasize the importance of CBD!

Do you think we’ll see federal cannabis legislation soon? Let us know in the comment section below.

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