The FDA And Hemp CBD: The States Have A Grab Bag Of Hemp CBD Regulations (Part II)

As I wrote in Part I of this series, the FDA securely believes that the sale and marketing of most hemp-derived cannabidiol (hemp CBD) items is unlawful in the United States and has actually reached explaining CBD as a “possibly damaging compound” Part II is committed to a quick examination of the state-by-state map of hemp CBD guidelines throughout the country.

Even though hemp CBD is a no-no for the FDA, states have actually already embraced their own legal techniques to controling hemp CBD products that are not always consistent with the FDA’s current position and/or that entirely breach that position.

Some states, such as Colorado and Oregon, allow the manufacture and sale of all hemp CBD items, including foods, dietary supplements, smokable items, and cosmetics. Other states, like Idaho, Iowa, and Mississippi, strictly restrict the production and/or sale of any such items unless hemp CBD is used for “medical treatment.”

A variety of states, including California, Michigan, and Nevada, restriction hemp CBD foods and dietary supplements but seem to take no concern, at least expressly, with the sale of other nonfood or nonbeverage products, such as hemp CBD cosmetics. And a handful of states, counting Kentucky and Texas, enable the sale and marketing of hemp CBD foods and dietary supplements but strictly restrict the sale or restrict the processing and manufacturing of hemp CBD smokables within their borders.

In Oregon, any ended up hemp CBD item should be complimentary of certain pesticides and contain no more than 0.3 percent overall THC prior to it can be offered to end-use customers. And in Utah, hemp CBD products need to meet extremely particular labeling and marketing requirements, consisting of but not limited to, labels consisting of a scannable bar code, QR Code, or web address connected to a file including details relating to the item name, batch identification number, and a downloadable link to a certificate of analysis for the batch recognized.

This patchwork of state-by-state guidelines forces producers and suppliers of hemp CBD products to follow a variety of hemp CBD guidelines in each state where these products are sold and must limit sales to jurisdictions in which hemp CBD items are deemed lawful — all in the face of the FDA’s present enforcement position.

This vast array of often conflicting state regulations, integrated with the lack of any official federal legal pathway for the sale and marketing of hemp CBD products, makes it almost difficult for hemp CBD stakeholders to satisfy compliance standards. Yet, the industry is pleading to be managed by the Feds. Far, the FDA has gotten over 4,00 0 remarks from investors on the security, manufacturing, item quality, marketing, labeling, and sale of hemp CBD products. Clearly, a consistent federal regulative structure would better ensure uniform compliance, help legitimize a stigmatized industry, safeguard and inform consumers, and eventually, increase the United States economy. Naturally, the states will likely still be totally free to set their own hemp CBD regulations, but at least everybody would be then be on an even federally lawful playing field. So, here’s to hoping that the FDA starts to serve its function of “coxswain” to help the CBD industry follow its course and prosper.


Nathalie Bougenies practices in the Portland workplace of Harris Bricken and was called a “2019 Rising Star” by Super Attorney Publication, an honor bestowed on only 2.5%of qualified Oregon lawyers. Nathalie’s practice concentrates on the regulative structure of hemp-derived CBD (” hemp CBD”) items. She is an authority on FDA enforcement, Food, Drug & Cosmetic Act and other laws and regulations surrounding hemp and hemp CBD products. She also advises domestic and international clients on the sale, circulation, marketing, labeling, importation and exportation of these products. Nathalie frequently speaks on these problems and has actually made national media appearances, including on NPR’s Market. Nathalie is also a regular factor to her company’s Canna Law Blog

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