CBD Laws

As cannabidiol becomes more popular, there are more and more demands to regulate the compound. Several CBD brands make an array of claims about cannabidiol’s benefits, often with no supporting data. Consequently, legislators have noticed it, and some of them have introduced draft CBD laws that would make CBD marketing and trade subject to regulation.

Last February, United States Representative Kathleen Maura Rice introduced a bill to the lower house of the US Congress. The objective of the draft law is to make the Food and Drug Administration regulate cannabidiol in food items.

If it is passed, the law would make the trade and regulation of cannabidiol food items similar to all other food products. Cannabidiol is not included in this regulation as the FDCA bans any beverage, supplement, or food from getting into the market when it has been deemed a drug.

The US FDA can exempt cannabidiol from the ban, which would happen if the draft law gets passed. In a recent press release, Rice stated federal regulation, or the lack of it, around CBD items has made customers vulnerable and left brands seeking clarity. Rice also said that the draft law would establish the regulatory framework required to offer stability for businesses and confirm unsafe items do not enter shelves.

Under the proposal, food items with cannabidiol would have to:

• Clear safety requirements from qualified scientific specialists
• Adhere to the Fair Packaging and Labeling Act (FPLA)
• Be affected by packaging and labeling requirements
• Establish maximum qualities for each serving; and,
• Add conditions of the planned application

Several agriculturalists and small cannabidiol food entrepreneurs welcome the proposal. It is like another move from the Senate last May that proposed taking CBD regulations one step further. It would allow the sale and regulation of cannabidiol like any other form of food and dietary supplement. It is unlike the House of Representatives act, which does not apply to dietary supplements.

We wonder what the odds of one or two of these draft laws getting passed are. The Senate draft law picked up a further sponsor earlier this year to make 4 the total co-sponsor count. On the other hand, the House of Representatives bill got one more joint sponsor in January 2022, making 38 the total co-sponsor count. However, for one or two of the bills to make considerable progress, there would have to be a clear pathway from the FDA to market.