National Cannabis Industry Association Responds to FDA Statement on Cannabidiol (CBD) Regulation

FOR IMMEDIATE RELEASE
January 26, 2023

Contact:
Aaron Smith, CEO and Co-founder
(303) 223-3554
Bethany Moore, Director of Communications
(303) 223-9727
Communications@TheCannabisIndustry.org

National Cannabis Industry Association Responds to FDA Statement on Cannabidiol (CBD) Regulation

The Food and Drug Administration concludes a new regulatory pathway is needed for CBD products; advocates call for swift congressional action on cannabis policy

Washington, DC – Today the Food and Drug Administration announced that it has concluded that regulations governing food and supplements would not be appropriate for Cannabidiol (CBD) products and that the agency will work with Congress to develop a new way forward.

Cannabis industry advocates are disappointed with this result after the FDA’s protracted study of the issue since 2019 but are hopeful the decision will put more pressure on Congress to move to sensibly regulate CBD and other cannabis products.

“Today’s announcement by the FDA underscores the urgent need for Congress and the Administration to take swift action to modernize federal cannabis policy and regulate CBD and other products appropriately and in harmony with the vast majority of states that have already legalized cannabis in some form,” stated Aaron Smith, National Cannabis Industry Association (NCIA) CEO and Co-founder. “A vibrant state-regulated industry has formed to safely provide cannabinoid products and medicines to millions of Americans, which has the support of the vast majority of U.S. voters. Moving forward with bi-partisan federal cannabis reform this year would be both good public health policy and good politics.”

In 2019, NCIA published the white paper Adapting A Regulatory Framework For The Emerging Cannabis Industry, which outlined recommendations for four “regulatory lanes” for cannabis products, including CBD and other non-psychoactive cannabinoids.

A November 2022 Gallup survey found that 68% of Americans support making cannabis legal for adults and a recent Pew Research Center poll found that less than 10% of Americans still support marijuana prohibition.

# # #

The National Cannabis Industry Association (NCIA) is the largest cannabis trade association in the U.S. and the only one representing small cannabis businesses at the national level. NCIA promotes the growth of a responsible, sustainable, and inclusive cannabis industry and works for a favorable social, economic, and regulatory environment for that industry throughout the United States.

Experts and Industry Leaders Urge FDA to Reform Policies on Cannabis-Derived Compounds

National Cannabis Industry Association presents evidence on behalf of broad coalition to address concerns and suggest regulatory guidelines for CBD and other cannabinoids

WASHINGTON, D.C. – The National Cannabis Industry Association (NCIA) presented information today at a public hearing of the U.S. Food & Drug Administration (FDA) on products containing cannabis and cannabis-derived compounds, including cannabidiol (CBD).

NCIA Policy Director Andrew Kline spoke at the hearing and presented extensive written testimony compiled by a coalition of more than 100 CBD/hemp entrepreneurs, scientists, medical professionals, and food and drug lawyers. The coalition addresses medical benefits, health and safety concerns, manufacturing and product quality, and the need for a robust regulatory structure with guidance for product testing, marketing, and labeling. The testimony also discusses the potential economic benefits of a well-regulated CBD and hemp industry, as well as the problems created by a lack of access to financial services in the industry due to federal banking restrictions.

“There is no higher calling in government service than public safety – and we applaud FDA’s efforts to make certain that consumers are safe,” said Kline. “The bottom line is this – an overwhelming preponderance of evidence indicates that cannabis and cannabis-derived compounds present minimal health and safety concerns.”

The 2018 Farm Bill created an exemption in the Controlled Substances Act for hemp-derived CBD which has recently fueled unprecedented expansion in the CBD consumer market, but FDA policy prevents the substance and other cannabinoids from being used as an additive in food and other products under federal law.

“Time is of the essence,” continued Kline. “Hemp-derived CBD products are in very high consumer demand and the industry is eagerly awaiting FDA’s regulatory framework for these products. We strongly recommend that FDA act quickly to clarify the regulatory environment because there is significant confusion in the market.”

There are currently 47 states that have made cannabis- or hemp-derived compounds legal in some form.

National Cannabis Industry Association Responds to FDA Statement on Cannabidiol (CBD) Regulation