FDA Wants Your Comments on CBD
As anyone involved in the cannabis industry is aware, the US Food and Drug Administration (FDA) held hearings on May 31, 2019. Ostensibly, the hearing was about “Products Containing Cannabis or Cannabis-Derived Compounds”. In reality, it was about cannabidiol (CBD) in foods, cosmetics, and dietary supplements. I testified at the hearing and addressed hemp extract and CBD in the context of the Drug Exclusionary Rule. (Section 301(ll) of the Food, Drug & Cosmetic Act.) According to the FDA, the Drug Exclusionary Rule prohibits CBD from being used as a food ingredient or marketed as a dietary supplement. I disagree. Here is a transcript of my testimony:
The FDA’s hearing on CBD was conducted pursuant to 21 CFR part 15, which is when, “The Commissioner concludes, as a matter of discretion, that it is in the public interest to permit persons to present information and views at a public hearing on any matter pending before the Food and Drug Administation [sic].”
The FDA is accepting comments until 11:59am EST on July 16, 2019. Click here for information about the hearing and submitting comments. You can do so electronically by clicking here, copying and pasting the docket number (2019-N-1482) into the search bar, and following the instructions.
June 24, 2019
Rod Kight is an attorney who represents lawful cannabis businesses. He speaks at cannabis conferences across the country, drafts and presents cannabis legislation to foreign governments, is regularly quoted on cannabis matters in the media, and maintains the Kight on Cannabis legal blog, where he discusses legal issues affecting the cannabis industry. You can contact him here.