The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023
Mar 22, 2023
WASHINGTON — Representative Morgan Griffith of Virginia and Representative Angie Craig of Minnesota on March 17 introduced two bills in the US House of Representatives that seek pathways for the regulation of foods, beverages and dietary supplements containing cannabidiol (CBD).
The CBD Product Safety and Standardization Act directs the US Food and Drug Administration to regulate CBD as they would for other food ingredients such as by setting requirements for quality and labeling.
The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 would make hemp, CBD derived from hemp and other hemp-derived products lawful for use as a dietary supplement unless otherwise directed by the FDA.
The Agriculture Improvement Act of 2018, the latest version of the farm bill, removed hemp from the Controlled Substances Act, meaning it could be grown commercially in the United States. Yet the FDA still denies the use of CBD in food, beverages and dietary supplements because it is in an FDA-approved drug called Epidiolex.
“The Food and Drug Administration has dragged its feet in properly regulating CBD and hemp-derived products on the market, creating confusion about its legal uses,” Mr. Griffith said. “Americans need better guidance, and that is why I have introduced these two pieces of legislation, which will create a pathway for regulation in both the food and dietary supplement spaces.”
Ms. Craig added, “In Minnesota we’ve seen firsthand that our local governments and small businesses need more guidance when it comes to CBD and hemp-derived products. That’s why I’ve partnered with Representative Griffith on these bipartisan bills to better regulate CBD products, keep consumers safe, and ensure our hemp farmers and businesses have the support they need.”
The bills are endorsed by the US Hemp Roundtable, the American Herbal Products Association, the Council for Responsible Nutrition, the National Cannabis Industry Association, the Indigenous Cannabis Industry Association, Spartan Sword, the Association of Western Hemp Professionals, and the Alliance for Natural Health USA.
“The FDA has made it clear that legislative action by Congress is needed to solve its CBD regulatory problem, and these two bi-partisan bills re-introduced by Representatives Griffith and Craig serve as the solution,” said Jonathan Miller, general counsel for the US Hemp Roundtable. “The FDA’s inaction over the past four years has had a devastating impact on US hemp growers and has left thousands of unregulated products on the marketplace, raising health and safety concerns for consumers.”
The FDA is prepared to work with Congress on regulating CBD, Janet Woodcock, MD, principal deputy commissioner of the FDA, said Jan. 26. The agency believes it needs additional authority to create a new pathway for CBD in dietary supplements.