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Bipartisan House Bills Reintroduced to Regulate Hemp-Derived CBD

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Bipartisan House Bills Reintroduced to Regulate Hemp-Derived CBD

Two bills sponsored by Reps. Morgan Griffith (R-VA) and Angie Craig (D-MN) would require the FDA to use existing regulatory frameworks for CBD as dietary supplements and foods. This article is courtesy of the U.S. Hemp Roundtable.

On March 17, U.S. Representative Morgan Griffith (R-VA), with lead Democratic co-sponsor Rep. Angie Craig (D-MN), reintroduced two bills in the U.S. House that would require the Food and Drug Administration to regulate hemp-derived cannabidiol (CBD). The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 would subject hemp extract products to the regulatory framework for dietary supplements, while the CBD Product Safety and Standardization Act of 2023 would establish regulations for CBD as a food and beverage additive.

The bills’ filings follow on the heels of the FDA’s recent announcement asking Congress to work with the agency to develop a regulatory framework for CBD.

“The FDA has made it clear that legislative action by Congress is needed to solve its CBD regulatory problem and these two bipartisan bills reintroduced by Reps. Griffith and Craig serve as the solution. The FDA’s inaction over the past four years has had a devastating impact on U.S. hemp growers and has left thousands of unregulated products on the marketplace, raising health and safety concerns for consumers. The U.S. Hemp Roundtable is grateful to Rep. Griffith for his steadfast leadership on behalf of the hemp industry, and we are proud to work closely with him, Rep. Craig and other original co-sponsors on this critical legislation that is integral for hemp farmers, CBD producers and consumers,” said Jonathan Miller, U.S. Hemp Roundtable general counsel.

Rep. Griffith previously served as lead Republican sponsor on both bills and now champions the legislation following the retirement of former lead sponsors Kurt Schrader (D-OR) and Kathleen Rice (D-NY). The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 was reintroduced by Rep. Griffith along with 12 of the 46 original 2021-2022 co-sponsors.

“In the two and half years since this legislation was first introduced and following FDA’s recent passing of the buck to Congress on CBD dietary supplements, no substantive progress on establishing a lawful pathway for CBD dietary supplements has been made. This legislation would provide FDA the statutory authority the agency believes it requires to regulate CBD products as dietary supplements. It would also ensure that consumers have access to CBD dietary supplements that are clearly subject to FDA’s enforcement of the robust regulations that apply to all other herbal dietary supplements. The bill would codify the position AHPA adopted years ago recommending that manufacturers and marketers of CBD dietary supplements comply with all of the federal regulations that apply to such operations under the Dietary Supplement Health and Education Act and other relevant amendments to the Federal Food, Drug, and Cosmetic Act,” said Michael McGuffin, president of the American Herbal Products Association (AHPA).

“CRN applauds the introduction of the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 and remains committed to creating a legal pathway to market safe, non-psychoactive hemp-derived cannabinoids as dietary supplements. Over four years ago, Congress purposefully removed hemp-derived CBD from the Controlled Substances List to jumpstart a market, yet FDA refuses to recognize that directive. While FDA delays, a sizable market has grown for CBD — legal or otherwise. Americans know these products are safe because they have been taking them for years. Consumers don’t need a new regulatory scheme that will potentially limit consumer choice. They want access to the safe, innovative products to help them lead healthier lives that the Hemp and Hemp- Derived CBD Consumer Protection and Market Stabilization Act will provide,” said Steve Mister, president of the Council for Responsible Nutrition.

“We commend the sponsors for introducing this important legislative package and urge Congress to pass all three bills without delay. Doing so will bring about the much-needed clarity to small businesses across the country that responsibly produce health and wellness products and would establish a sensible regulatory framework to protect public safety and ensure consumers are well informed,” said National Cannabis Industry Association (NCIA) CEO Aaron Smith.

“The Indigenous Cannabis Industry Association is honored to stand with the U.S. Hemp Roundtable partners to advocate for commonsense regulations for hemp and hemp-derived products to meet the diverse needs of consumers and patients. Indian Country hemp producers and processors are working to meet the needs of our communities to provide safe, quality access to hemp products and have concerns regarding the lack of federal regulatory framework to protect consumers. We urge Congress to pass H.R. 841 and provide safer access and a more clear pathway for hemp as a national commodity,” said Rob Pero, president of the Indigenous Cannabis Industry Association (ICIA).

“On behalf of the Spartan Sword and the veterans and first responders our mission of suicide prevention supports, we commend Reps. Morgan Griffith (R-VA) and Angie Craig (D-MN) for their steadfast dedication to bringing rational legislation and policy regarding hemp and hemp derivatives. It has been our experience that many of these hemp derivatives, such as CBD, have been extremely beneficial in mitigating some of the indicators that may lead to self-harm in a veteran or first responder. We look forward to continuing our partnership with Reps. Griffith and Craig and stand by to support their legislative efforts in any way that we can,” said Steve “Luker” Danyluk, chief operations director of Spartan Sword.

“ANH applauds efforts to expand consumer access to CBD by allowing its use in dietary supplements,” said Gretchen DuBeau, executive and legal director of the Alliance for Natural Health USA (ANH).“Research is demonstrating the many benefits of CBD for health, including for pain, relieving anxiety and depression, protecting against neurological diseases, and more. It is unfortunate that the FDA is standing in the way of wider access to CBD due to the existence of a CBD drug. Pharmaceutical profits should not come before public health, and we’re glad that members of Congress are working toward a better solution.”

“Midwest Hemp Council continues to support a clear path to market for all hemp derived cannabinoid products through the already established dietary supplement route. Farmers, small businesses and consumers will benefit from this time-tested approach that provides critical consumer protections without sacrificing innovation in the hemp marketplace,” said Justin Swanson, president of the Midwest Hemp Council.

“It is far beyond the point of negligence since the FDA should have acted on providing a safe consumer-focused approach to regulating hemp dietary supplements when they were instructed to do so. It is time for this bill to pass with the strong support of consumers, industry stakeholders and legislators across the aisle. For farmers through the supply chain to consumers, we need this legislation now,” said Bonny Jo Peterson, board chair and co-founder of the Association of Western Hemp Professionals (AWHP).

“Fair and transparent regulation of CBD and other non-intoxicating hemp products is needed to move the industry forward. We feel that this is best for both people and the planet. We support the efforts of the U.S. Hemp Roundtable,” said Dave Crabill, president of iHemp Michigan.

“Many people rely on the research-backed, significant medical benefits of CBD. Without regulation as a dietary supplement, the threat of quality, non-intoxicating CBD products being taken from the very hands who need them exists. Regulation of products derived from hemp may provide and ensure access to all consumers, following through with the intentions of the 2018 Farm Bill. This is about advocating for the individuals who are using these therapies as their medicine and standing behind legislation that supports their access,” said Sasha Kalcheff-Korn, executive director of the Realm of Caring Foundation.

“Let’s not forget, the most innocent victims of the FDA’s inaction are the millions of dogs and cats exposed to all varieties of CBD pet products without a voice to protect themselves. Congressional action is required, if not for this group alone,” said Charles Lozow, member and co-founder of the Veterinary Cannabis Society (VCS).

“The time is long overdue to have CBD regulated like any other botanical. It’s safe and effective, and the lack of regulation up to this point has cost the hemp industry billions of dollars in lost revenue and lost investment. It’s time to Regulate CBD Now!” said Morris Beegle, president of We Are For Better Alternatives (WAFBA).

The U.S. Hemp Roundtable is the hemp industry’s national advocacy organization, a coalition of dozens of leading companies and organizations committed to safe hemp and CBD products. The Roundtable proudly works in partnership with the industry’s leading national, regional and state grassroots organizations, and is leading the way forward for hemp and CBD products through education and action. More at hempsupporter.com.

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