“Critical” Bill to Legalize Hemp, CBD Introduced in Congress

Washington, D.C.—Representatives Kurt Schrader (D-OR) and Morgan Griffith (R-VA) have introduced a bill that would allow hemp and cannabidiol (CBD) to be marketed and sold as supplements.

“Reps. Schraeder and Griffith have shown true leadership on this issue, and we anticipate support continuing to build as it progresses through Congress,” said Jonathan Miller, General Counsel for the U.S. Hemp Roundtable, in a press release. “The organizations working collectively to establish a trusted marketplace for ingestible hemp-derived ingredients applaud the bipartisan approach on this legislation.”

This would be regardless of the section of the FDCA that states that compounds which have been studied as drugs cannot be used as supplements, according to the bill, which can be viewed on Marijuana Moment’s website.

Manufacturers of the supplement would be required to submit an NDI and meet all applicable requirements for dietary supplements laid out in the FDCA and the Fair Packaging and Labeling Act.

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The Council for Responsible Nutrition also applauded the move. “This critical bi-partisan legislation will promote a safer and stronger dietary supplement marketplace, as it will direct FDA to provide a legal pathway to market for dietary supplements containing hemp-derived CBD, while still assuring FDA’s stringent requirements for manufacturing, labeling, and marketing of other dietary supplements apply to these new ingredients,” said Julia Gustafson, VP, Government Relations. “Products containing hemp-derived CBD have been proliferating in the marketplace. Due to continued FDA inaction, more consumers are at risk every day of unsafe or illegal products that are poorly manufactured, incorrectly labeled, or illegally deliver THC or other adulterants. Concurrently, responsible CBD companies that adhere to federal regulations and produce and market safe and beneficial CBD dietary supplements are forced to share the shelf with disreputable companies that compromise public safety for benefit.”

Gustafson noted that CRN has repeatedly called on FDA to allow CBD to be marketed as a supplement, thus holding CBD to the same standards as other supplements while allowing safe products to take advantage of “heightened consumer interest, increased sales, and expanded product innovation.” Gustafson concluded: “For the benefit of FDA, industry, retailers, and ultimately consumers, CRN urges Congress to pass this legislation and open the marketplace to CBD and other hemp-derived cannabinoid dietary supplements.”

The Consumer Healthcare Products Association (CHPA) also noted the intense consumer interest in this area. Scott Melville, President & CEO, stated in a press release: “We’re encouraged that this legislation was re-introduced so early in the new Congress and hope it remains a priority for lawmakers given the intense consumer demand and commercial interest in CBD-containing products. The continued lack of regulatory clarity along with insufficient oversight around hemp and hemp derived CBD has led to bad actors entering the marketplace, exposing consumers to potentially unsafe products that may lack consistency in product quality. This bipartisan legislation would be an important step forward and is consistent with CHPA’s 2019 citizen petition calling on FDA to utilize its existing authority and establish a lawful regulatory pathway for responsible manufacturers to bring dietary supplements containing CBD to market.”