FDA Report Indicates Change is Coming for CBD (But Don’t Hold Your Breath)

On March 5, 2020, the Food and Drug Administration (FDA) issued a report to Congress on how the agency intends to regulate hemp-derived CBD (Hemp CBD). The report was accompanied by a press release from the FDA. The report states that the FDA will continue to work on a regulatory framework for Hemp CBD but in the meantime will provide enforcement priorities that will provide transparency to the industry.

The report focuses on safety, human and animal drugs, dietary supplements, human and animal food, cosmetics, products outside the FDA’s jurisdiction, and enforcement. If you’re unfamiliar with the FDA’s overall operation, this report provides good insight into how the agency works. However, I think most Hemp CBD stakeholders were hoping this report would do more to alleviate the tension between the FDA and the Hemp CBD industry. That tension stems from the FDA’s treatment of Hemp CBD up to this point.

No conversation about the FDA and Hemp CBD can get very far without mentioning Epidiolex, a prescription drug containing CBD. It is the only FDA-approved CBD drug. However, there are many Hemp CBD products available without a prescription. The FDA considers many of these Hemp CBD products “drugs” based

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