The Introduction of the Hemp and Hemp Derived-CBD Consumer Protection and Market Stabilization Act of 2021 and What It Means for the CBD Industry

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. 

What is the Hemp and Hemp Derived-CBD Consumer Protection and Market Stabilization Act of 2021?

The Hemp and Hemp Derived-CBD Consumer Protection and Market Stabilization Act was originally brought before Congress in early September 2020, and it has now been re-introduced in the first session of the 117th Congress. This bill is a key contributor to the progress of the hemp and CBD markets, as it directs the United States Food and Drug Administration (“FDA”) to utilize its resources and regulatory authority to put forth clear, actionable, and structured frameworks and guidelines for hemp and hemp-derived CBD products. The bill would facilitate and create a legal pathway and go-to-market strategy for hemp and CBD-related products and ingredients. 

Reps. Schrader and Griffith have both exhibited tremendous leadership and drive to get this bill back on the table, and they have the overwhelming support of 17 other co-sponsors. The additional co-sponsors include: Reps. Earl Blumenauer (D-OR), Suzanne Bonamici (D-OR), Salud Carbajal (D-CA), James Comer (R-KY), Angie Craig (D-MN), Rodney Davis (R-IL), Peter DeFazio (D-OR), Matt Gaetz (R-FL), Ruben Gallego (D-AZ), Glenn Grothman (R-WI), Eleanor Holmes Norton (D-DC), David Joyce (R-OH), Ron Kind (D-WI), Chellie Pingree (D-ME), Mark Pocan (D-WI), Tim Ryan (D-OH), and David Trone (D-MD). 

Last year, the original bill had over 30 co-sponsors, 18 Democrats and 12 Republicans. With a proportionally equal split in its second submission, the bill has clearly and continuously displayed strong bipartisan support and appreciation. 

Additionally, this bill is supported by a large coalition, including several associations, councils, and alliances in the hemp, healthcare, and nutrition industries. 

What Does This Bill Mean for the CBD Industry?

The Hemp and Hemp Derived-CBD Consumer Protection and Market Stabilization Act of 2021 would mean wonders for both the hemp and CBD industry, as it aims to push the FDA into action. 

As conveyed by the passing of the Agricultural Improvement Act of 2018 (“2018 Farm Bill”), Congress was clearly in support of progressing and advancing the production and sale of CBD and hemp-derived products. In response, states, tribal nations, and American farmers began planting hemp and developing a supply chain, driving competition and market demand. However, due to the continuous uncertainty in regulatory guidelines and restrictions, consumers throughout the country are unintentionally exposing themselves to unregulated products and are often misled by improper labeling and marketing claims. 

If the Hemp and Hemp Derived-CBD Consumer Protection and Market Stabilization Act of 2021 gets passed, the CBD and hemp industries would be assured of safe and lawfully developed and distributed products. Additionally, CBD and hemp-derived products would undergo the same current good manufacturing practices (requirements that a manufacturer must meet to ensure that their products are consistently high in quality for their intended use), as other dietary supplements, subject to the Dietary Supplement Health and Education Act of 1994 (“DSHEA”). These regulations, and the bill overall, would benefit both manufacturers and consumers, contributing to a much safer and more prosperous domestic hemp/CBD industry.

Chelsie Spencer, a hemp lawyer in Dallas, Texas, remains active in the hemp and CBD space and provides legal counsel to a range of cannabis businesses. With years of experience in cannabis and hemp/CBD law, the experts at Ritter Spencer offer a unique perspective on the growing legal cannabis market. Contact Ritter Spencer or give us a call at 214.295.5074 for more information. 

Ritter Spencer, PLLCThe Introduction of the Hemp and Hemp Derived-CBD Consumer Protection and Market Stabilization Act of 2021 and What It Means for the CBD Industry

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