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FDA Punts Back to Congress On CBD Regulation


Creating further confusion and uncertainty in the hemp derived cannabidiol (CBD) markets, the FDA has determined that the existing regulatory frameworks for food and supplements are not appropriate for CBD. The FDA cited various safety concerns as the impetuous in making this determination.

FDA has concluded that a new regulatory pathway for CBD is needed that balances individuals’ desire for access to CBD products with the regulatory oversight needed to manage risks. The agency is prepared to work with Congress on this matter.”

What does this mean to you?

Clearly the FDA has raised several safety concerns that should concern the industry. The unwillingness to regulate by the FDA also creates further consternation for the hemp industry, as the lack of long term parameters for the industry makes creating successful, long term businesses extremely challenging. Clearly the opportunity for market participants remains in the short to mid term.

Contact us

If you have questions, please contact Steve Levine, or your Husch Blackwell attorney.

Our Cannabis team is tracking news in the industry and will continue to share developments that affect our clients’ businesses. Subscribe to our Cannabis Law Now blog for up-to-date information. We’ll keep you connected!


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