Bipartisan legislation introduced to make hemp-derived CBD lawful as dietary supplement

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Congressmen Morgan Griffith (R-VA) and Kurt Schrader (D-OR) introduced new legislation, called “The Hemp and Hemp derived CBD Consumer Protection and Market Stabilization Act of 2020.” The legislation would make hemp, and cannabidiol (CBD) derived from hemp, lawful for use under the Federal Food, Drug, and Cosmetic Act (FD&C Act) as a dietary ingredient in a dietary supplement as long as manufacturers comply with new dietary ingredient requirement and other FD&C Act policies.

“Hemp was historically an important crop for Virginia farmers, and dietary supplements made from it do not possess dangerous addictive qualities,” said Griffith in a statement. “Nevertheless, the current state of regulation creates confusion about its legal uses. I joined this bipartisan bill to provide certainty for hemp farmers that their crop may find legal uses.”

A number of industry trade groups, including the American Herbal Products Association (AHPA; Silver Spring, MD), the Consumer Healthcare Products Association (CHPA; Washington, D.C.), the Council for Responsible Nutrition (CRN; Washington, D.C.), and the United Natural Products Alliance (UNPA; Salt Lake City, UT), applauded the bipartisan legislation for putting in place the necessary safeguards to protect public health, and providing hemp farmers much needed certainty. While the legislation directs the U.S. Food and Drug Administration (FDA) to use its authority and resources to set a clear regulatory framework for hemp and CBD, with consumer protection in mind, the Natural Products Association (NPA; Washington, D.C.) criticized the legislation for failing to set a safe level of daily consumption.

“We support a science-based pathway to allowing CBD in food products, but this is not the right approach and will do more to undermine public trust in the safety of dietary supplements without promoting public health,” explained Daniel Fabricant, PhD, president and CEO of NPA, in a press release. “The Food and Drug Administration already has the authority to regulate CBD products by setting a safe level of daily consumption. Setting a safe level of daily consumption is a better pathway and will do much more than introducing legislation to appease special interests.”

Other hemp derived CBD legislation has been introduced in the past, but the House of Representatives has not held any hearings or votes on the proposal.