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A New Senate Bill Would Allow CBD-Infused Products

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A New Senate Bill Would Allow CBD-Infused Products

A Senate bill introduced on Wednesday; would allow for the sale of hemp-derived ingredients and CBD in foods, drinks, and dietary supplements.

In 2018 the Farm Bill legalized hemp. Although, the Food and Drug Administration (FDA) has yet to make any changes accordingly. They have yet to finalize a process to allow derivatives like CBD to be used in consumable products.

The new Senate bill seeks to change that. Senators Ron Wyden (D), Rand Paul (R), and Jeff Merkley (D) filed the Hemp Access and Consumer Safety Act. This bill aims to exempt “hemp, hemp-derived cannabidiol, or a substance containing any other ingredient derived from hemp” from specific restrictions. Specifically, they want these products exempt from the regulations that have previously blocked the debut of legal consumable hemp products.

The bill also specifies that federal officials may “establish labeling and packaging requirements” for hemp-derived products.

“Hemp-derived CBD products and businesses have earned their recognition in the marketplace, but the FDA, unfortunately, hasn’t treated them like any other food additive or dietary supplement,” said Paul. The new bill “provides a huge relief to hemp farmers, processors, and merchants.”

The Senate bill received support from the Consumer Brands Association, Wine and Spirits Wholesalers of America, Hemp Roundtable, American Herbal Products Association, Oregon Farm Bureau, Vote Hemp, and National Industrial Hemp Council.

Seeking Guidance for CBD

Merkley noted that “every day that the FDA drags its feet to update its CBD regulations, hemp farmers are left guessing about how their products will be regulated, and real economic gains for workers and business owners in Oregon and across the country are left on the table.”

At the beginning of 2021, the FDA withdrew draft guidance on CBD enforcement submitted for review from the Trump administration. As a result, few details are available about the specifics of the proposal. But industry insiders expected it to give them a clear understanding of the federal perspective regarding marketing cannabis products.

Currently, the hemp industry is producing and using CBD products across the nation. “Yet because the FDA has failed to update its regulations, consumers and producers remain in a regulatory gray zone,” Wyden said in a press release. “It’s been more than two years since I worked with colleagues to have Congress legalize hemp and hemp-derived products. It’s long past time for the FDA to get with the program, for the sake of American consumers and farmers.”

Changing Administrations

After President Biden’s inauguration, the FDA withdrew its guidance. Biden’s new chief of staff promptly addressed all federal agencies; through a government-wide memo informing them to pull any pending rules. 

“Hemp-derived CBD products are already widely available, and we all need FDA to issue clear regulations for them just like they do for other foods, drinks, and dietary supplements,” Merkley said.

The government mandated the FDA to provide an update on its regulatory approach to CBD. They did so in March of 2020, stating that the “FDA is currently evaluating issuance of a risk-based enforcement policy that would provide greater transparency and clarity regarding factors FDA intends to take into account in prioritizing enforcement decision.”

That was the last update available for the industry regarding hemp and hemp-derived products. The goal of this bill is to provide regulations and clarity around the rules and the industry.

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