US Government Makes a Decision on CBD

The FDA weighed in on CBD regulation.

Slow progress is better than no progress and while the U.S. government is moving at a snail's pace when it comes to cannabis legalization, there has been recent movement on the issue. 

Last week, the Food and Drug Administration announced that it has concluded that a "new regulatory pathway" is necessary for cannabidiol-infused products as the current rules governing food and drink are insufficient. 

The regulatory agency also denied three citizen petitions requesting that the FDA allow the marketing of CBD products as dietary supplements. 

"The FDA’s existing foods and dietary supplement authorities provide only limited tools for managing many of the risks associated with CBD products," said Janet Woodcock, principal deputy commissioner for the FDA. 

"Given the available evidence, it is not apparent how CBD products could meet safety standards for dietary supplements or food additives."

The agency says they don't have enough evidence to determine how much CBD can be consumed, and for how long, before causing harm. 

"The FDA looks forward to working with Congress to develop a cross-agency strategy for the regulation of these products to protect the public’s health and safety," it said. 

Other Cannabis Regulatory Hurdles

Last year, President Joe Biden instructed the Department of Health and Human services and the Attorney General to review the Schedule 1 classification of marijuana under the Controlled Substances Act (the same level as heroin).

"Yeah, and let me just emphasize: The President is asking him to undertake a review, not to de-schedule or any particular schedule. He has asked him to undertake the review to assess where — what — how marijuana should be classified," an administration official said at the time of the announcement.

But just rescheduling the drug doesn't do much. Only Congress can de-schedule a drug, as President Biden doesn't have the authority to do that.

“If marijuana remains a controlled substance under the CSA under any schedule, that would maintain the existing conflict between the federal government and states that have legalized recreational marijuana, though moving marijuana to a less restrictive schedule could help mitigate conflicts between federal law and state medical marijuana laws,” the Congressional Research Service said in a recent report.