Bipartisan, bicameral group releases Request for Information on FDA regulation of CBD

A bipartisan and bicameral group of U.S. lawmakers released its Request for Information (RFI) on the federal regulation of cannabidiol, also known as CBD, Thursday.

The group includes Senate Health, Education, Labor and Pensions Committee Chair Bernie Sanders (I-Vt.) and ranking member Bill Cassidy (R-La.) as well as House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) and ranking member Frank Pallone Jr. (D-N.J.).

An RFI is a research tool that outsources knowledge regarding the capabilities, best practices, rules and regulations of a specific service or agency from experts in related industries, research bodies and organizations.

In the request, the group asks “subject matter experts and stakeholders” to provide them with information like a description of what “the current market for CBD products” looks like and in what ways “the absence of federal regulation over CBD created a market for intoxicating, synthetically-produced compounds.”

“In January 2023, FDA [Food and Drug Administration] announced that it would like to work with Congress to craft a legislative approach to the regulation of CBD products,” the request reads. “We are assessing the potential for a regulatory pathway for hemp-derived CBD products that prioritizes consumer safety and provides certainty to the U.S. market. We look forward to working with interested stakeholders on this process, and we ask for written responses on the following inquiries.”

The request also highlighted the removal of the term hemp “from the definition of marijuana under the Controlled Substances Act” in the Agriculture Improvement Act of 2018, also known as the 2018 farm bill. The term was also expanded in the bill to include all parts of the cannabis sativa L. plant “including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

“Since hemp was descheduled five years ago, consumers, manufacturers, and policymakers have sought clarity regarding the legal status of CBD,” the request continued. “Farmers, food and beverage groups, and state regulators have shared their policy priorities with Congress. However, questions remain about the best way to provide a legal pathway to market for CBD products.”