Could We See a CBD Federal Enforcement Policy from the FDA in 2021?

With a new presidency comes new policy. Now that Biden is in office, many are hoping to see change surrounding CBD and hemp regulations. Namely, through the FDA’s Cannabidiol Enforcement Policy Draft Guidance, which has been sitting in the queue for review since July 2020. 

Although we don’t know exactly what recommendation the document has, we have some ideas and possible predictions. 

  • What Does a Federal CBD Enforcement Policy Entail?
  • Predictions and Hopes About Federal Hemp and CBD Regulation
  • Federal Change in CBD and Hemp Regulation—What’s the Potential?
  • What’s Next in CBD and Hemp Policy Reform?

What Does a CBD Federal Enforcement Policy Entail?

A CBD federal enforcement policy guided by the FDA would cover the FDA’s recommendations on hemp and hemp products as dietary elements. This would include dosing suggestions and research requirements for these ingredients to be used on a widespread legal basis. 

The FDA is also expected to release a CBD sampling report. Ideally, this report would show that leading hemp retail products (both brick-and-mortar and online) are labeled correctly. 

A CBD federal policy would also eliminate the discordant issues caused by the state-by-state method our nation currently operates on. This leads to instances where individual states set their regulations, as we recently saw with Florida’s push for a cap on THC

What this does is create contention between different states and their views on cannabinoids. It also creates difficulties for those living in more restrictive states who benefit from CBD and hemp products. 

In addition to confusing variations in CBD policy by state or region, there’s the issue of compliance regarding crucial requirements for ethical retail operations. Some common problems with non-compliance are failing to adhere to any or all of the following: 

  • Correct and accurate labeling of products
  • Extensive 3rd party testing 
  • Proof of insurance
  • Brand regulatory support

These prerequisites are essential in any responsible hemp and CBD retail operations. Adhering to these helps ensure that the hemp and CBD industry remains reliable and credible. 

Predictions and Hopes About a Potential Federal CBD FDA Policy

Many expect some Congress members to continue their push for hemp and CBD to be dietary ingredients in supplements. Although there may be disagreement on how to best approach a CBD federal policy, one thing remains in widespread agreement: creating uniformity in CBD policy is preferred over the state-by-state format. 

This current format poses a few problems. Mainly, it’s a burden from an administrative standpoint and can be dangerous in consumer-litigation exposure. This means that inconsistent state and local standards lead to problems in consumer experience and conflicting enforcement, particularly with online products. 

Having federal uniformity would eliminate non-compliant entities (those who fail to comply with the industry standards mentioned above) and improve the outlook on the entire CBD and hemp industry. 

For now, the FDA is focusing on collecting more data in terms of CBD product safety. 

CBD Federal Policy Under Biden

With Biden now in office, there is hope that things will turn around for the CBD industry. While widespread legalization of medical marijuana won’t happen for a while, it’s something President Biden and his team are working on. For CBD (which doesn’t contain THC), on the other hand, we may see quicker results. 

It’s worth noting that Biden’s potential pick for FDA Commissioner is Dr. Amy Abernethy. Dr. Abernethy currently serves as the FDA’s principal deputy commissioner and heading the FDA’s CBD Working Group.

Should President Biden nominate Dr. Abernethy, there’s potential for continued broadening and open-mindedness in the FDA’s annual review of CBD and hemp products. The hope is that the White House can clear a CBD enforcement policy sometime in 2021, with the framework presented by summer.

CBD Policy in Ohio

Is CBD allowed in Ohio? Yes! The rules and regulations for the cultivation and sale of CBD products in Ohio are still in progress. Nonetheless, Ohio legalized the sale of hemp and CBD products in 2019. 

That means you can legally purchase CBD products from Ohio retailers. In addition to CBD being legal, so is medical marijuana. Approved individuals who have any of the approved qualifying conditions. Learn more about getting your Ohio medical marijuana card or schedule a medical marijuana telehealth appointment today!

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