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Banning CBD Products Would Be ‘A Fool’s Game,’ FDA Chief Admits

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Products containing cannabidiol (CBD) are here to stay, Food and Drug Administration (FDA) Commissioner Stephen Hahn acknowledged on Wednesday, calling it “a fool’s game” to attempt to pull the products off the market.

“People are using these products,” Hahn, a cancer doctor, said in his first public speech on CBD since taking office as commissioner in December. “We’re not going to be able to say you can’t use these products. It’s a fool’s game to try to even approach that.”

Hemp and its derivatives have been federally legal in the U.S. since passage of the 2018 Farm Bill, but policies governing the marketing of CBD have been murkier. FDA is still in the process of developing rules to allow businesses to sell the cannabis compound in foods or nutritional supplements—a process that Hahn’s predecessor, former FDA Commissioner Scott Gottlieb, has said could take years without congressional action.

Hahn’s latest comments suggest that while FDA may not be happy with CBD’s explosion onto the consumer market, the agency at least isn’t planning an immediate, industry-wide crackdown.

“We have to be open to the fact that there might be some value in these products, and certainly Americans think that’s the case,” the FDA chief said. “But we want to get them information to help them make the right decisions.”

The commissioner was addressing the National Association of State Departments of Agriculture at its winter policy conference in Arlington, Virginia.

Since Congress began lifting restrictions on hemp cultivation in 2014, all but three states have submitted plans to the U.S. Department of Agriculture (USDA) to regulate hemp production, and states such as Kentucky have embraced hemp as a promising commercial crop.

After Hahn was nominated to lead the FDA last year, Senate Majority Leader Mitch McConnell (R-KY) pressed him on the need to establish a regulatory framework for CBD products.

“Like many Kentuckians who are taking advantage of hemp’s legalization,” McConnnell said at the time, “I am eager for FDA’s plans to create certainty for CBD products.”

Last week, however, the agency missed a deadline outlined in a report attached to an annual spending bill to provide an update on the development of enforcement guidelines around CBD products. “We haven’t received the report yet,” House Appropriations Committee Communications Director Evan Hollander told Marijuana Moment in an email. “That’s not surprising; agencies typically submit these very late.”

Meanwhile, Congress is taking separate steps to allow and regulate hemp-derived CBD. Bipartisan legislation filed last month would allow the cannabinoid to be marketed and sold as a dietary supplement.

While regulations for CBD have yet to be finalized, the government’s enforcement actions have been infrequent and sometimes unpredictable. The FDA has said it’s using its enforcement discretion to target businesses making outlandish, unsupported claims about CBD’s health benefits.

Also at Wednesday’s agriculture event, a USDA undersecretary announced that the agency would be delaying a requirement for hemp testing laboratories to register with the DEA. On Thursday, USDA issued a notice clarifying it would temporarily suspend enforcement of that rule as well as one on the disposal of crops with too much THC.

USDA Touts Hemp Industry’s Growth But Says Challenges Remain

Photo by Kimzy Nanney.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Ben Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.

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