By LeeWEpstein

January 30, 2020

A coalition of members of the US Congress has introduced a new bill that would allow CBD derived from hemp to be legally marketed as a dietary supplement.

Although hemp and its derivatives have been legalized by the federal government under the 2018 Farm Bill, its use in food has not yet been made safe by the Food and Drug Administration (FDA).


The proposed legislation, introduced two weeks ago, could be one way to solve the problem. It amends the Federal Food, Drug and Cosmetic Act to include CBD in the definition of dietary supplements.

The last two Farm Bills have been major successes for hemp, but we’re still way behind in this process and producers need regulatory certainty,” Peterson said in a news release. “This bill will allow the FDA to regulate CBD derived from hemp as a dietary supplement, providing a path forward for hemp-derived products.

Our allies on all sides of Congress and at the grassroots level have worked hard for many years to pave the way for the legalization of hemp,” the congressman said. “In its first year, Kentucky’s industrial hemp industry created hundreds of new jobs and contributed $100 million to the state’s economy! I am confident that H.R.5587 will be another step in the right direction for industrial hemp.


As it stands, the FDA has stated that it sticks to its enforcement discretion for CBD-based products, which are already widely available in the United States. In particular, the FDA has sent various warning letters to companies that do not comply with the prohibition of therapeutic claims for CBD-based products. Nevertheless, the legislator intends to push the FDA to quickly regulate and allow the various uses of CBD.

The bill, which has been referred to the Agriculture and Energy and Trade Committees, also includes a provision that would oblige the US Department of Agriculture (USDA) to study “regulatory and trade barriers for farmers engaged in hemp production”.

The department would be required to research the costs of implementing a hemp testing program, the costs of destroying hemp with excessive THC content, the “feasibility” of the testing schedule farmers must follow, and “other known or potential challenges” related to participation in the domestic hemp market. The ministry is expected to publish a report on its findings within a year of the passage of the bill.

The FDA proposed a public consultation on the CBD last September on the potential reclassification of cannabis and CBD.

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