Issue: Food & Drug Administration (FDA) Commissioner Scott Gottlieb has
announced the agency will hold public meetings on the regulation of
cannabidiol (CBD) this April. While hemp was removed from the Schedule I
drug list in the 2018 Farm Bill, the cannabis derivative ingredient CBD must be
approved by the FDA for use in food, cosmetics, and supplements.
Impact: Currently, CBD-derived from hemp is legal only if it is produced by a
licensed grower in a way consistent with the Farm Bill and relevant regulations.
All other CBD products are Schedule I substances except for pharmaceuticalgrade CBD products approved by the FDA. The FDA will convene relevant parties to consider research on CBD’s longer-term effects on health, and form a
working group of experts to develop regulatory options.
Next Steps: Republicans resistant to the growing cannabis de-regulation
among the states insist that descheduling the drug must occur before banking
and other related concerns can be addressed. Gottlieb has suggested that the
FDA could continue to regulate CBD products with a high concentration of THC
as a pharmaceutical product, while providing a path to approval for lower
concentration products used in food and supplements.
For likely or potential Next Steps, please contact Meilee Wong at email@example.com.
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