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”).
Cannabidiol (“CBD”), a cannabinoid found in hemp plants, continues to grow in popularity as a market commodity. As a nonpsychoactive cannabinoid, CBD is enjoyed by a wide variety of consumers. It has become quite common to see CBD added to food or sold as dietary supplements for both people and pets, despite the fact that the U.S. Food and Drug Administration (“FDA”) maintains that both CBD and THC are illegal additives to food and beverages and that the products containing the substances cannot be sold as dietary supplements. Below, we explore the FDA’s current position on CBD in food and dietary supplements.
As the legalization of cannabis and cannabis-related products continues to make progress, keeping legalities straight can be challenging. The rise of the cannabidiol (CBD) industry has also led to an abundance of misinformation online and in the media, making it harder for the average consumer to find the right answers to their questions. But cannabis, hemp, hemp derivatives, CBD, and marijuana continue to gain popularity, and it is important to fully understand what is legal and what is not. Below, we have put together a comparison between the legalities of marijuana and the legalities of hemp as a thorough examination and differentiation.
Cannabidiol (CBD) is one of the most popular and marketable cannabinoids derived from the hemp plant today. The CBD industry is considered a high-risk industry, as the FDA has yet to provide a regulatory pathway for the inclusion of CBD into foods, beverages, cosmetics, and supplements, and CBD companies remain subject to a hodge-podge of varying state laws. As legal hemp and cannabis markets continue to boom, it is imperative that hemp business owners understand the importance of CBD insurance. Without the guidance of well-versed hemp lawyers and adequate CBD insurance coverage, CBD businesses may face liabilities, including consumer lawsuits. Below, we assess certain issues that present inherent risk in the CBD industry and discuss coverage issues and CBD insurance policy types.
Over the next few days, hemp attorney Chelsie Spencer will be addressing issues that she has noted with the United States Department of Agriculture’s (“USDA”) proposed program rules, the Texas Department of Agriculture’s (“TDA”) Revised Interim Program Rules, and the Texas Department of State Health Services (“DSHS”). Keep in mind that these rules are all in their proposed period and that now is the time for the public to provide input. Today, we will be highlighting issues with the USDA’s program rules.
Comments on the USDA Interim Rules may be submitted HERE.
After learning the application and hemp license holder requirements in Part I of this Series and the rules and procedures regarding the sampling and testing of hemp in Part II, it is now time to turn to the TDA plan’s provisions covering violations, license suspension and revocation, hemp transportation, and hemp seed requirements.
As a hemp license holder, if you violate the TDA plan, it is imperative to comply with any enforcement action or corrective action plan imposed by the TDA in order to avoid any further negative consequences for you and/or your hemp operations.
Now that you have read Part I of the Revised TDA Hemp Production Plan series on the application and license requirements for hemp producers, it is crucial to understand the rules and methods for the sampling and testing of hemp for tetrahydrocannabinol (“THC”) concentration levels.
To conform with the United States Department of Agriculture’s (“USDA”) hemp production plan, the Texas Department of Agriculture (“TDA”) proposed its own hemp production rules and regulations (the “TDA plan”) to the Texas Register in December of 2019. The proposed rules were then revised and released on Friday, January 10th, and they are open to public comment until Monday, February 10th. Comments are to be submitted to Philip Wright, Administrator for Agriculture and Consumer Protection, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to [email protected]. If dissatisfied with any provision of the TDA plan, it is highly recommended to raise and send concerns to the TDA during this window for public comment.
It appears consumers are not the only group losing patience with the FDA’s progress on CBD legalization. On January 13th, 2020, a bipartisan bill to amend the Federal Food, Drug and Cosmetic Act (FD&C Act) regarding cannabidiol (CBD) and CBD containing substances was introduced in the U.S. House of Representatives. House Agriculture Committee Chairman Collin Peterson (D-MN) unveiled a simple bill drafted to intentionally include hemp-derived CBD beneath the definition of a “dietary supplement.”
As the cannabis industry continues to grow in every sector, more businesses are turning to cannabis business lawyers and CBD business lawyers for guidance and counsel to better navigate legal processes and regulations. But what exactly is a cannabis lawyer, and why are they necessary? Where did they come from, and what do they bring to the table? Below, we break down the experience and importance of cannabis law firms to offer insight into their development and the benefits they provide.