Council for Federal Cannabis Regulation (CFCR): Proposes to Congress a Framework for FDA to Regulate CBD Immediately Under Existing Law


The Council for Federal Cannabis Regulation (CFCR) responded to a formal Request for Information (RFI) dated July 27, 2023, on federal cannabinoid hemp regulation from the U.S House Committee on Energy and Commerce and the U.S. Senate Committee of Health Education, Labor and Pensions.


CFCR’s 26-page response addresses the questions posed by Congress and is consistent with FDA’s and Congress’ work on CBD and hemp cannabinoids. However, CFCR explained in its response, an immediate solution for FDA is for the Agency to expand its enforcement discretion and issue policy guidance.

CFCR, in its response to the RFI, writes:

“Based on the experiences of CFCR members, the passage of the 2018 Farm Bill significantly changed the marketplace for CBD products and has not only allowed bad actors to participate in a market that is infrequently regulated but created confusion for consumers. Moreover, because of this intense competition, good faith manufacturers have been challenged to engage with consumers in a standardized way and are competing with inefficacious products and false labeling that creates mistrust. As a result, consumers have no ability to differentiate between a safe and unsafe product.”

William Garvin, CFCR’s Science & Regulatory Affairs Committee Chair and a Shareholder in the law firm of Buchanan Ingersoll & Rooney PC, said “Our approach is most flexible, allows for FDA to act immediately to help reform the market, requires no further Congressional legislation, and is sorely needed to improve commerce and protect consumers.”

The CFCR continues to support this process and the conversations with cannabis industry stakeholders and government agencies, as they develop federal policy on these important and urgent issues. “The CFCR thanks all responding contributors for their leadership and recognition of the need for a uniform federal framework for hemp-derived CBD products that prioritizes consumer access and safety, while providing certainty to the U.S. market,” said CFCR Chair and Founder Sheri Orlowitz.

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The Council for Federal Cannabis Regulation (CFCR) is 501(c)(3) non-profit based in Washington, DC. The mission of CFCR is to assist the government, and specifically federal regulatory agencies, to rethink, develop, and implement evidence-based cannabis regulations. Our overarching goal is the de-stigmatization, normalization, and legitimization of cannabis on behalf of consumers, the professions, organizations, and businesses who support and serve them. We do this by serving as a conduit for informed scientific research, inclusive education, and by mainstreaming the best practices that enable the industry to maximize its potential. For additional information please visit and follow us on social media @USCFCR.