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Legislation Would Legalize Sale of Hemp-derived CBD in Dietary Supplements

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Legislation Would Legalize Sale of Hemp-derived CBD in Dietary Supplements

By Steven Hoffman

As Americans readied for a long Labor Day Weekend, two members of Congress on September 3 introduced a bill in the U.S. House of Representatives to “make hemp, cannabidiol derived from hemp, and any other ingredient derived from hemp lawful for use under the Federal Food, Drug and Cosmetic Act as a dietary ingredient in a dietary supplement, and for other purposes.”

The Bill, HR 8179, the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020, if passed, would allow hemp-derived CBD and other hemp-derived ingredients to be legally marketed as an ingredient in dietary supplements, as long as the products comply with current legal requirements for new dietary ingredients, as well as other requirements pertaining to dietary supplements under federal law.

The bipartisan legislation, introduced in the U.S. House of Representatives by Rep. Kurt Schrader (D-OR) and Rep. Morgan Griffith (R-VA), would direct the U.S. Food and Drug Administration (FDA) to use its authority and resources to set a clear regulatory framework for hemp and hemp-derived CBD and assure consumer protection for these products, reported the American Herbal Products Association (AHPA) in a release.

For marketers of hemp-based CBD in dietary supplements, the bill would eliminate regulatory hurdles and uncertainty that have hampered the category’s growth.

“The Schrader/Griffith bill would ensure that hemp-derived CBD, and other non-intoxicating hemp ingredients, could be lawfully marketed as dietary supplements,” said the U.S. Hemp Roundtable in a statement. “The bill would require CBD and hemp extract product manufacturers to comply with the entire existing comprehensive regulatory framework for dietary supplements, which ensures that the products are deemed safe, properly labeled, and prepared utilizing Good Manufacturing Practices. Passage would also help stabilize the hemp markets, open up a promising economic opportunity for U.S. agriculture and honor our commitment made to farmers in the 2018 Farm Bill.”

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Bill co-sponsor Rep. Morgan Griffith added, “Hemp was historically an important crop for Virginia farmers, and dietary supplements made from it do not possess dangerous addictive qualities. Nevertheless, the current state of regulation creates confusion about its legal uses. I joined this bipartisan bill to provide certainty for hemp farmers that their crop may find legal uses,” said Rep. Griffith in a statement.

In response to the proposed legislation, four leading dietary supplement industry associations, including AHPA, the Consumer Healthcare Products Association (CHPA), the Council for Responsible Nutrition (CRN), and the United Natural Products Alliance (UNPA), applauded a bill that would protect public health by providing legal clarity in the cannabidiol/CBD marketplace.

“A growing number of Americans view hemp and hemp derived CBD as a way to improve health and wellbeing, driving high consumer demand and a proliferation of CBD-containing products in the marketplace. While the 2018 Farm Bill changed the law to allow hemp farming, regulatory uncertainty remains about the inclusion of hemp and hemp-derived CBD in dietary supplements. This lack of regulatory clarity along with insufficient oversight around hemp and hemp-derived CBD exposes consumers to potentially unsafe products and lack of consistency in product quality,” said AHPA in a September 4 release.

“A legal hemp and hemp-derived CBD pathway would also provide much needed certainty to hemp farmers,” AHPA added. “The dietary supplement industry is proud to support the Hemp and Hemp-derived CBD Consumer Protection and Market Stabilization Act of 2020 and we urge Congress to consider including the bill in a legislative vehicle soon.”

AHPA, CHPA, CRN, UNPA, along with the U.S. Hemp Roundtable, sent lawmakers a letter expressing unified support for the legislation, AHPA reported.

The parent company of Let’s Talk Hemp Media, We Are for Better Alternatives (WAFBA), signed on as an Endorser of the bill.

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About Steven Hoffman
Steven Hoffman is Managing Director of Compass Natural, providing brand marketing, PR, social media, and strategic business development services to natural, organic, sustainable and hemp/CBD products businesses. Compass Natural serves in PR and programming for NoCo Hemp Expo and  Southern Hemp Expo, and Hoffman serves as Editor of the weekly Let’s Talk Hemp Newsletter, published by We are for Better Alternatives. Contact steve@compassnaturalmarketing.com.

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