Representatives Griffith and Craig reintroduce legislation that would create regulatory pathway for hemp-derived CBD

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Congressman Morgan Griffith (R-VA) and Congresswoman Angie Craig (D-MN) have reintroduced two pieces of legislation that would create a regulatory pathway for cannabidiol (CBD) products. The "Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023," originally introduced in September of 2020, would make hemp, CBD from hemp and other hemp-derived products lawful for use in dietary supplements unless otherwise directed by FDA.

The "CBD Product Safety and Standardization Act of 2023," originally introduced in December of 2021, would direct the U.S. Food and Drug Administration to regulate CBD as it would other food ingredients, setting requirements for quality and labeling, among other things. Griffith was a lead Republican sponsor on both bills and now champions the legislation following the retirement of their former lead sponsors Kurt Schrader (D-OR) and Kathleen Rice (D-NY).

“The Food and Drug Administration has dragged its feet in properly regulating CBD and hemp-derived products on the market, creating confusion about its legal uses,” said Griffith, in a press release. “Americans need better guidance and that is why I have introduced these two pieces of legislation, which will create a pathway for regulation in both the food and dietary supplement spaces.”

“In Minnesota we’ve seen firsthand that our local governments and small businesses need more guidance when it comes to CBD and hemp-derived products,” added Craig. “That’s why I’ve partnered with Rep. Griffith on these bipartisan bills to better regulate CBD products, keep consumers safe and ensure our hemp farmers and businesses have the support they need.”

The bills have been endorsed by numerous industry trade groups, including the U.S. Hemp Roundtable, the American Herbal Products Association, Council for Responsible Nutrition, National Cannabis Industry Association, Indigenous Cannabis Industry Association, Spartan Sword, Association of Western Hemp Professionals, and Alliance for Natural Health USA.

“The FDA has made it clear that legislative action by Congress is needed to solve its CBD regulatory problem and these two bi-partisan bills re-introduced 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,” said Jonathan Miller, U.S. Hemp Roundtable General Counsel, in a press release. “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.”

“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,” said Michael McGuffin, president of the American Herbal Products Association (AHPA; Silver Spring, MD), in a press release. “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.”

“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,” said Steve Mister, president and CEO of the Council for Responsible Nutrition (CRN; Washington, D.C.), in a press release. “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.”