CBD News at a Glance – Funding and Regulation to the FDA and Beyond

Last updated on April 14th, 2020

By Sarah Climaco

Cannabis and cannabidiol regulations especially can change overnight. Here we’ve put together a snapshot focused on regulatory shifts at the state and federal levels to keep consumers aware of how these laws will impact them in the future.

More Funds to Manage CBD Regulation in FDA’s 2021 Budget Proposal

In February 2020 the Food and Drug Administration outlined several objectives to justify its request for an additional $260M in funds, including efforts to

…support oversight of increasing numbers of marketed FDA-regulated products containing cannabis-derived substances that require assessment or review by the FDA. 

$5 million of funds would be spread across several different FDA offices, including the Center for Food Safety and Applied Nutrition and the Center for Veterinary Medicine, to help with new policy and research, review of product applications, inspections, and enforcement. The FDA has noticed an increase in products containing cannabis derivatives marketed with unfounded medical claims. Its aim is to help make clearer what chemicals like CBD can do for people long-term.

Strict Stances on Legal Hemp Mean Strict Rules for CBD Consumers

South Dakota

South Dakota’s House Bill 1191, meant to legalize the production and processing of industrial hemp and derivatives across the state, was returned with a veto from governor Kristi Noem. Noem’s belief is that the state should be guided by findings from the FDA’s investigations about topics like the therapeutic use of hemp derivatives. South Dakota’s stance on CBD is strict compared to states where laws around hemp legalization are more robust.

Idaho

Idaho also recently voted against the creation of a statewide industrial hemp program. However, the state’s Office of Drug Policy makes it clear on its stance towards CBD. As long as a CBD product has no THC and is made from legal hemp, it is not illegal in Idaho. There are plenty of zero-THC products on the market that meet this criteria, but consumers should be careful about labeling to avoid legal trouble. Even low THC products that are otherwise federally legal are considered Illegal under Idaho law.

Mississippi

Mississippi does not currently have a medical marijuana program. There will be several measures on the November 2020 ballot (Initiative 65) that would allow for the prescription and production of medical marijuana under very strict circumstances if passed. Arguments for and against Initiative 65 center around is thoroughness and ability to serve the Mississippi community more broadly.

Mississippi does have a special legal provision for the possession of CBD oil if a patient has a debilitating epilpeptic condition. This law also allows for clinical research in association with the University of Mississippi Medical Center.

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