As I composed in Part I of this series, the FDA securely believes that the sale and marketing of most hemp-derived cannabidiol (hemp CBD) products is illegal in the United States and has reached describing CBD as a “possibly damaging compound” Part II is committed to a short evaluation of the state-by-state map of hemp CBD policies across the country.
Despite the fact that hemp CBD is a no-no for the FDA, states have actually currently embraced their own legal techniques to regulating hemp CBD products that are not necessarily constant with the FDA’s existing position and/or that altogether break that position.
Some states, such as Colorado and Oregon, allow the manufacture and sale of all hemp CBD products, consisting of foods, dietary supplements, smokable items, and cosmetics. Other states, like Idaho, Iowa, and Mississippi, strictly forbid the production and/or sale of any such products unless hemp CBD is utilized for “medical treatment.”
A variety of states, including California, Michigan, and Nevada, restriction hemp CBD foods and dietary supplements but seem to take no problem, at least expressly, with the sale of other nonfood or nonbeverage items, 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 forbid the sale or restrict the processing and production of hemp CBD smokables within their borders.
To top all of it off, a few of the states that legalized the sale of hemp CBD products have their own set of policies, including but not limited to registration and/or permitting, labeling, and testing requirements. In Louisiana, for example, hemp CBD cosmetics may just be sold by businesses that have established home for two years prior to looking for and protecting a CBD Dealer Authorization from the Department of Income, Workplace of Alcohol and Tobacco Control. In Oregon, any finished hemp CBD item need to be devoid of certain pesticides and contain no greater than 0.3 percent overall THC before it can be offered to end-use customers. And in Utah, hemp CBD products should fulfill very specific labeling and marketing requirements, including however not restricted to, labels containing a scannable bar code, QR Code, or web address linked to a document including details relating to the product name, batch identification number, and a downloadable link to a certificate of analysis for the batch identified.
This patchwork of state-by-state regulations forces manufacturers and suppliers of hemp CBD items to follow a range of hemp CBD guidelines in each state where these products are sold and must limit sales to jurisdictions in which hemp CBD items are considered lawful — all in the face of the FDA’s current enforcement position.
This large range of typically conflicting state guidelines, combined with the lack of any official federal legal path for the sale and marketing of hemp CBD items, makes it nearly impossible for hemp CBD stakeholders to satisfy compliance requirements. Far, the FDA has gotten over 4,00 0 comments from shareholders on the safety, production, product quality, marketing, labeling, and sale of hemp CBD items. Of course, the states will likely still be free to set their own hemp CBD policies, however at least everybody would be then be on an even federally legal playing field.
Nathalie Bougenies practices in the Portland office of Harris Bricken and was called a “2019 Rising Star” by Super Lawyers Magazine, an honor bestowed on only 2.5%of qualified Oregon attorneys. Nathalie’s practice focuses on the regulatory framework of hemp-derived CBD (” hemp CBD”) items. She is an authority on FDA enforcement, Food, Drug & Cosmetic Act and other laws and policies surrounding hemp and hemp CBD products. She likewise encourages domestic and international clients on the sale, circulation, marketing, labeling, importation and exportation of these items. Nathalie regularly speaks on these problems and has made national media appearances, including on NPR’s Marketplace. Nathalie is likewise a routine contributor to her company’s Canna Law Blog
Love ATL? Let’s make it official.
Sign up for our newsletter.