House Approves Amendment Calling on FDA to Regulate CBD

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WASHINGTON, D.C. The U.S. House of Representatives has approved a budget amendment that would direct the Food and Drug Administration (FDA) to create a regulatory structure for CBD as an additive in food, beverages, and dietary supplements.

The amendment, which is part of a budget appropriation bill, was introduced by Congressman Jerry McNerney (D-CA) and specifically says the FDA must “undertake the appropriate processes and set a safe level of CBD for consumers to use each day.” The amendment was part of another low-profile measure and did not receive a debate on the floor.


“Since the passage of the 2018 Farm Act—which eliminated hemp from the definition of marijuana under the Controlled Substances Act—we’ve seen a significant increase in the production and sales of CBD products,” McNerney said. “With more and more CBD appearing on supermarket shelves across the country, it’s time for American consumers to have accurate information on CBD and for producers to be properly regulated to make the marketplace safe and reliable.”

The Agriculture Improvement Act of 2018, known as the farm bill, was passed in December and eliminated hemp as a Schedule I narcotic. Although many now are eager to produce and sell CBD products, there has been a lot of confusion for retailers as to what exactly is legal. This is especially true for edible CBD products. Earlier this year, some producers of infused CBD products received warning letters from the FDA and some were even raided by federal officials. Many CBD industry members have been calling for clarification when it comes to CBD regulation.

“FDA action on CBD in foods is needed as soon as possible,” McNerney spokeswoman Nikki Cannon told Hemp Industry Daily. “The purpose of the amendment is to elevate the need for the FDA to move with all deliberate speed to set safe consumption levels.”