FDA Clearing CBD As Dietary Ingredient? Legislation More Likely Than Rulemaking
Senate Appropriations subcommittee members add to Capitol Hill's push for FDA to change its current regulatory stance that CBD is deemed noncompliant for use in supplements and food. Commissioner Gottlieb suggests legislation authorizing FDA to allow use of CBD up to certain concentrations in supplements and food products. FDA currently allows sales of food and supplements containing CBD under enforcement discretion.
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House Energy and Commerce members are expected soon to introduce a bill to make lawful the use of CBD and other hemp-derived ingredients, other than THC, in dietary supplements. Capitol Hill interest in proposing legislation, says Sen. Wyden , will grow if FDA doesn’t bring some order to the CBD space.
In report to Congress about determining an enforcement discretion policy for CBD-containing non-drug products, FDA described challenges it faces, largely unique in its history, in determining whether hemp-derived ingredients are safe in food, supplements and other products that already are “sold increasingly widely."
During first-ever congressional hearing on federal policies for lawful use of cannabis, House Energy and Commerce Health Subcommittee Chairwoman Anna Eschoo says with $2m appropriated to develop a regulation on CBD’s use in non-drug products during, FDA should deliver.