As the cannabis industry grows in the United States, and due to several recent statewide legalizations, more people have become familiar with the cannabis market, and consumers are increasingly interested in certain benefits of cannabis-derived products. From cannabidiol (“CBD”) to tetrahydrocannabinol (“THC”), there are several products containing cannabinoids with different effects and purposes. As new types of cannabinoids become mainstream, the market faces unforeseen growth.
The U.S. Food and Drug Administration (FDA) rejected an application from Charlotte’s Web Holdings, Inc. for their full spectrum hemp extract. In a press release on August 11, 2021, Charlotte’s Web, a hemp health supplement company, announced that the FDA published an objection to their New Dietary Ingredient (NDI) application the company submitted on March 31, 2021.
As the hemp industry continues with the delta-8 THC craze, another minor cannabinoid is beginning to see market prevalence. THC-O-acetate, commonly referred to as THC-O or ATHC, has also been referred to as the “spiritual cannabinoid,” with some users likening the effect to psilocybin when ingested. Currently, there is a dearth of clinical research regarding efficacy, dosage, and benefits of THC-O.
Many pet-lovers out there would do just about anything for their dogs, cats, or animals they care about. As a pet owner myself, I have been closely monitoring the legality of hemp-derived cannabidiol (“CBD”) products for animals. Unfortunately, pet foods and treats containing CBD are currently illegal according to the United States Food and Drug Administration (“FDA”); however, certain compliant CBD topical animal products are not subject to FDA control, and thus, are legal to sell in interstate commerce.
On February 4, 2021, the Hemp and Hemp Derived-CBD Consumer Protection and Market Stabilization Act of 2021 was re-introduced to the United States House of Representatives, sponsored by Reps. Kurt Schrader (D-OR) and Morgan Griffith (R-VA), as well as 17 additional co-sponsors. This is an exciting development for the hemp and cannabidiol (“CBD”) industries, as widespread support has already been shown for this bill. As the bill continues to make headway, it’s important that the hemp and CBD communities help get this legislation passed. Julia Gustafson, the VP of government relations for the Council of Responsible Nutrition (“CRN”), referred to the bill as “critical” toward the development of safe and stronger dietary supplements on the market.
Breweries, distilleries, and wineries with ambitions of infusing or selling their beverages with cannabidiol (“CBD”) and/or tetrahydrocannabinol (“THC”) derived from hemp will have to wait for a change in law by the U.S. Alcohol and Tobacco Tax and Trade Bureau (“TTB”), or a divergent conclusion by the United States Food and Drug Administration (“FDA”) finding that these beverages fall into a legal exemption. On April 25, 2019, the TTB, which regulates the alcohol and tobacco industries in the United States, issued an industry circular as a response to numerous inquiries from the alcohol and hemp/CBD industries about whether CBD or THC can legally be introduced into alcoholic beverages: the TTB made it clear that, at this time, it will not approve formula or label applications for alcoholic beverages containing CBD or THC.
After an unprecedented year politically, socially, and economically, cannabidiol (“CBD”) continues to significantly impact the United States’ retail markets and even the health sector. This highly sought after cannabinoid is becoming increasingly common in various forms, including tinctures, topical applications, oils, capsules, and more. But what is next for CBD in 2021? Below we explain our predictions regarding CBD’s influence in the coming year.
The U.S. Food and Drug Administration (“FDA”) currently prohibits cannabidiol (“CBD”) from being added to food, beverages, or cosmetics and from being sold as a dietary supplement. While we await further guidelines from the FDA, Congressmen Kurt Schrader of Oregon and Morgan Griffith of Virginia introduced on September 4, 2020, H.R. 8179, the “Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020”, which would allow hemp, CBD, and any other hemp-derived ingredient to be sold as dietary ingredients in dietary supplements under the Federal Food, Drug, and Cosmetic Act (the “FD&C Act”).
As different cannabinoids begin to gain recognition in the hemp and marijuana industries, it is crucial to discuss the legal considerations and challenges facing manufacturers, producers, retailers, and other cannabis-based businesses. In such a new space, promising cannabinoids have the potential to make a significant impact on the market. One of the cannabinoids gaining notable traction is known as cannabinol (“CBN”). Today on the blog, we review its legal status.
Yesterday, our office filed a lawsuit against the Texas Department of State Health Services (“DSHS”) on behalf of our client, Crown Distributing LLC (“Crown”), challenging the smokable hemp bans in Texas. A copy of our filed Petition can be accessed here.