Kentucky Submits Hemp Regulations To Feds After Farm Bill Legalizes The Crop

FDA casts shadow on hemp win calling CBD products illegal

The FDA said it has advanced the lawful marketing of some foods derived from parts of the hemp plant that may not contain CBD or THC, with hemp seeds, hemp seed protein and hemp seed oil being the three ingredients that are marked as safe. The FDA also has refused to grant CBD a Generally Recognized as Safe ("GRAS") label, which is required for all food additives.

The head of the Food and Drug Administration says adding CBD to food or dietary supplements is still illegal. While CBD oil has been used in foods, tinctures, and lotions, the compound's legal status remains murky.

But websites, stores and some medical practices are selling CBD products with a variety of claims. The FDA writes: "We recognize the potential opportunities that cannabis or cannabis-derived compounds could offer and acknowledge the significant interest in these possibilities".

Prior to the passage of the 2018 Farm Bill, the California Department of Public Health ("CDPH"), in keeping with FDA guidance, issued a public statement in response to inquiries from food processors and retailers interested in using industrial hemp-derived CBD oil or CBD products in food within California stating that while "California now allows the manufacturing and sales of cannabis products (including edibles), the use of industrial hemp as the source of CBD to be added to food products is prohibited". It is not hard to see why the optimism surrounding this market has been so high and continues to grow. "This is a requirement that we apply across the board to food products that contain substances that are active ingredients in any drug", Dr Gottlieb said. "We've been planning and preparing for an increase in CBD product demand in anticipation of the passage of the 2018 Farm Bill", added Ward.

Yesterday, President Trump signed the 2018 Farm Bill, paving the way for industrial hemp legalization.

More news: Former college student allegedly poisoned roommate after racist incident

The bill allows the transfer of hemp derived products across state lines for commercial or other purposes, putting no restrictions on sales, transport, or possession of hemp derived products so long as the products are produced in manners consistent with the law. Accordingly, the federal Food, Drug, and Cosmetic Act (FDCA) prohibits the use of either (1) "disease claims" (statements that claim to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases) or (2) "structure/function claims" (statements that claim physical benefits or effects from the consumption of a nutrient or dietary ingredient) in the advertising of CBD. The 2018 Farm Bill does not preempt or limit state law regarding industrial hemp products, provided the state law is "consistent with" the provisions of the Bill.

"In particular, we continue to be concerned at the number of drug claims being made about products not approved by the FDA that claim to contain CBD or other cannabis-derived compounds", Gottlieb said.

Importantly, Dr. Gottlieb also emphasized that FDA "has authority to issue a regulation" that would allow these naturally-occurring hemp compounds in a food or dietary supplement.

Once these regulatory programs take effect, products derived from hemp (including CBD) will be fully legal to produce, possess, and/or sell under federal law.

Just because industrial hemp is legal doesn't mean that you can put it in food or call it medicine.

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