This is the first change in the federal classification of cannabis plants since it was unjustly classified as a schedule 1 controlled substance by the Congress using testimony that was little more than hear say that should have been dismissed or at least corrected decades ago; this paves the way for the first federally sanctioned commercial hemp grows since WWII.
Hemp specific provision of the 2018 Act amends Federal Controlled Substances Act so that hemp plants containing no more than 0.3% THC are no longer classified as schedule 1 controlled substances under federal law, which in all fairness should have been done years ago, and has the science to back it up.
Hemp will no longer be jurisdiction of the Department of Justice, however prospective growers will have to submit cultivation plans to the USDA, either through the state governments or the USDA itself.
The Farm Bill essentially de-schedules CBDs and other cannabinoids from the schedule 1 controlled substance list so long as they are produced in accordance with the bill’s stipulations, meaning growers must comply with state and federal regulations, which so far are still not described anywhere. Hemp production will be regulated by the USDA, states that wish to exert more restrictive controls must coordinate plans with the USDA which will have 60 days to either approve, disapprove or amend plans. States that wish to possess primary regulatory authority over the product have to submit a plan, if the plan is not approved it will be unlawful to produce hemp in that state without a licence.
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.
The FDA has indicated it may pursue regulatory reforms to legalize CBD dietary supplement products nationwide as the new law includes removing hemp from the Controlled Substances Act, meaning they are no longer an illegal substance under federal law. The FDA reiterates it will maintain control over CBDs and that CBDs currently are still not allowed to be sold as a dietary supplement for the cockeyed reason that certain companies are studying them for use as possible prescription medications, which to some is once more showing big Pharma’s reach.
“ it’s unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived. This is because both CBD and THC are active ingredients in FDA-approved drugs and were the subject of substantial clinical investigations before they were marketed as foods or dietary supplements. Under the FD&C Act, it’s illegal to introduce drug ingredients like these into the food supply, or to market them as dietary supplements.”
The FDA signals some willingness to have conversations with industry leaders in regards to outcomes of issuing new regulations that may eliminate its current restrictions of selling CBD based dietary supplements as the FDA has authority to issue regulation allowing use of pharmaceutical ingredients in food or dietary supplements. This translates to the FDA basically implying that CBDs are a pharmaceutical ingredient, even though CBDs have been around for longer they and any pharmaceutical company’s deep pockets have even existed.
Public meetings will be held to solicit input on further regulatory changes it may pursue. Given the public’s substantial interest on the topic and Congress interest in development of appropriate hemp products a meeting will be held for all stakeholders to share experiences, challenges, views, and information related to safety of these products. The meeting will also gather input relevant to lawful pathways such products can be marketed and how to make these pathways more predictable and efficient.
