United States: bill to legalize CBD once and for all

A coalition of U.S. Congressmen has introduced a new bill that would allow the CBD derived from hemp to be legally marketed as a dietary supplement.

Although hemp and its derivatives have been legalized by the federal government under the 2018 Farm Bill, its use in the food industry has still not been made safe by the Food and Drug Administration (FDA).

This proposed law, tabled two weeks ago, could be a way of solving the problem. It amends the Federal Food, Drug and Cosmetic Act to include CBD in the definition of dietary supplements.

«The last two Farm Bill have been major successes for hemp, but we're still a long way behind in this process, and growers need regulatory certainty. declared Peterson in a press release. «This bill will allow the FDA to regulate CBD that comes from hemp as a dietary supplement, providing a path forward for hemp-derived products.»

«Our allies on all sides of Congress and the grassroots have worked hard for many years to pave the way for hemp legalization,» said the Congressman. »In its first year, Kentucky's industrial hemp industry created hundreds of new jobs and contributed $100 million to the state's economy! I'm confident that H.R.5587 will be another step in the right direction for industrial hemp.»

As it stands, the FDA has stated that it is sticking to its enforcement discretion for CBD products, the latter are already widely available in the U.S.. In particular, it has sent various warning letters to companies not complying with the ban on therapeutic claims for CBD-based products. Nevertheless, lawmakers intend to push the FDA to quickly regulate and allow the various uses of CBD.

The bill, which has been referred to the Agriculture and Energy and Commerce Committees, also includes a provision that would require the U.S. Department of Agriculture (USDA) to study «regulatory and trade barriers for farmers engaged in hemp production».

This would require the Ministry to initiate research into the costs of implementing a hemp testing program, the costs of destroying hemp with excessive THC content, the «feasibility» of the testing schedule to be followed by farmers, and «other known or potential challenges» related to participation in the national hemp market. The Ministry is expected to publish a report on its findings within a year of the bill's passage.

The FDA had proposed a public consultation on CBD last September on the potential reclassification of cannabis and CBD.