FDA Wants Your Comments on CBD

Rod Kight testifies at the FDA hearing on cannabis compounds. (Photo credits Blake Butler.)

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:

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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.

10 comments on “FDA Wants Your Comments on CBDAdd yours →

  1. My entire family, including Pets use CBD oils and Salves for many different ailmemts and relief. My life Partner is a Co-founder of a CBD Company, so they know exactly what is in the blend, and are believers in 3rd party Lab testing.

    We also have a stroke victim in our household with multiple levels of neuropathy that uses their CBD Salve for relief when, on occasion, his many pharmaceutical pain meds dont work.

  2. Thank you for your hard and putting yourself out there to help the industry. It is an uphill battle to get truth and knowledge out there when the government has been keeping the people
    In the dark for so long.

    Fighting an uphill battle all the time can take a toll on you. Thanks for giving of yourself and your energy to help so many people.

  3. Taking this away from the people is a tragedy, this plant or compounds involved do not need government involvement,

  4. Taking this away from the people is a tragedy, this plant or compounds involved do not need government involvement,

  5. My husband and I use CBD oils and Salves for numerous ailments and pain relief. Over a 4 month period of use results have relieved pain: hand/foot neuropathy, joints, arthritis, herniated disc, stenosis, and best nights sleep.

    1. Thanks for your comments. While I fully understand your concerns with the FDA given some significant blunders it has made in the past, most commentators (including myself) believe that FDA regulation of hemp products is vital to the industry. Currently, consumers have no reliable way to know what they are receiving/ ingesting, and bad actors are allowed free rein. It is only a matter of time before someone is harmed by “bathtub gin”. Moreover, all other consumable products are regulated by the FDA. There is no rational basis to exclude hemp products. Rather than grumble about the FDA’s inevitable regulations, I encourage people to participate in the process so that we have the best chance of ensuring that the regulations are appropriate.

  6. I love your writing on “SHARE YOUR FEEDBACK ON CBD WITH THE FDA”. Your post is very much helpful and informative. Keep up the good work and present us your best.

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