The FDA And Hemp CBD: The States Have A Grab Bag Of Hemp CBD Regulations (Part II)

As I composed in Part I of this series, the FDA firmly believes that the sale and marketing of most hemp-derived cannabidiol (hemp CBD) products is unlawful in the United States and has actually reached explaining CBD as a “possibly damaging substance” Part II is dedicated to a quick examination of the state-by-state map of hemp CBD guidelines throughout the nation.

Even though hemp CBD is a no-no for the FDA, states have currently embraced their own legal methods to managing hemp CBD items that are not necessarily consistent with the FDA’s existing position and/or that altogether breach that position.

Some states, such as Colorado and Oregon, permit the manufacture and sale of all hemp CBD products, including foods, dietary supplements, smokable items, and cosmetics. Other states, like Idaho, Iowa, and Mississippi, strictly restrict the production and/or sale of any such items unless hemp CBD is utilized for “medical treatment.”

A number of states, consisting of California, Michigan, and Nevada, restriction hemp CBD foods and dietary supplements however seem to take no concern, a minimum of specifically, with the sale of other nonfood or nonbeverage products, such as hemp CBD cosmetics. And a handful of states, counting Kentucky and Texas, enable the sale and marketing of hemp CBD foods and dietary supplements however strictly forbid the sale or limit the processing and production of hemp CBD smokables within their borders.

To top it all off, a few of the states that legislated the sale of hemp CBD items have their own set of policies, consisting of but not limited to registration and/or allowing, labeling, and testing requirements. In Louisiana, for instance, hemp CBD cosmetics might just be sold by companies that have established home for two years prior to requesting and securing a CBD Dealer Permit from the Department of Revenue, Workplace of Alcohol and Tobacco Control. In Oregon, any ended up hemp CBD item must be free of certain pesticides and consist of no greater than 0.3 percent overall THC before it can be offered to end-use customers. And in Utah, hemp CBD items should fulfill very specific labeling and marketing requirements, including but not restricted to, labels consisting of a scannable bar code, QR Code, or web address linked to a document including details relating to the product name, batch identification number, and a downloadable link to a certificate of analysis for the batch identified.

This patchwork of state-by-state policies forces makers and suppliers of hemp CBD products to follow a range of hemp CBD regulations in each state where these items are sold and must restrict sales to jurisdictions in which hemp CBD items are deemed lawful — all in the face of the FDA’s current enforcement position.

This vast array of typically conflicting state guidelines, integrated with the absence of any formal federal legal pathway for the sale and marketing of hemp CBD products, makes it almost impossible for hemp CBD stakeholders to satisfy compliance standards. Yet, the market is pleading to be regulated by the Feds. Far, the FDA has received over 4,00 0 remarks from investors on the safety, manufacturing, item quality, marketing, labeling, and sale of hemp CBD products. Plainly, an uniform federal regulative framework would much better guarantee consistent compliance, aid legitimize a stigmatized market, secure and educate customers, and ultimately, enhance the United States economy. Of course, the states will likely still be complimentary to set their own hemp CBD policies, but at least everybody would be then be on an even federally legal playing field. Here’s to hoping that the FDA begins to serve its function of “coxswain” to assist the CBD industry follow its course and succeed.

---

Nathalie Bougenies practices in the Portland office of Harris Bricken and was named a “2019 Rising Star” by Super Lawyers Magazine, an honor bestowed on only 2.5%of eligible Oregon attorneys. Nathalie’s practice focuses on the regulatory structure of hemp-derived CBD (” hemp CBD”) items. She is an authority on FDA enforcement, Food, Drug & Cosmetic Act and other laws and guidelines surrounding hemp and hemp CBD items.