Scott Gottlieb, the departing commissioner of the Food and Drug Administration (FDA), reconfirmed that it could take a few years for the agency to develop regulations for the marketing of CBD products—unless Congress steps in.
Gottleib claims that regulating CBD products requires a “highly novel rulemaking process” that will likely take years to complete, NORML reported. He also suggested that Congress could expedite the process if they enacted new legislation regarding this issue.
Congress enacted legislation in December that removed industrial hemp (defined as cannabis containing less than 0.3% THC) as well as products with cannabinoids derived hemp from the federal Controlled Substances Act.
The next day, the FDA stated, “[I]t’s unlawful under the FD&C Act (US Food Drugs and Cosmetics Act) to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived.”
The FDA’s announcement led regulatory agencies in a few states to remove some CBD-infused products from the retail market.
Gottleib noted that the FDA is creating a working group to look into the issue, and that it may have recommendations by summer 2019.