Cannabis legalization bill introduced by Chuck Schumer includes provisions on CBD regulation

Majority Leader Chuck Schumer (D-NY), along with Finance Committee Chair Ron Wyden (D-OR) and Senator Cory Booker (D-NJ) has introduced a discussion draft of legislation that would decriminalize cannabis federally. The Cannabis Administration and Opportunity Act would not only end the prohibition of cannabis, but also expunge federal non-violent marijuana crimes and allow people currently serving time in federal prison for non-violent marijuana crimes to petition a court for resentencing. As it relates to the dietary supplement industry, the draft bill also includes provisions for the regulation of cannabidiol (CBD) by the U.S. Food and Drug Administration.

Similarly to the “Hemp Access and Consumer Safety Act” introduced by Wyden, as well as Senators Rand Paul (R-Kentucky) and Jeff Merkley (D-Oregon), the Cannabis Administration and Opportunity Act revises the Section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)) by inserting “, except in the case of cannabidiol derived from hemp (as defined in section 297A of the Agricultural Marketing Act of 1946)” after “include.”

However, the Cannabis Administration and Opportunity Act goes further by requiring a threshold for the level of CBD used in a dietary supplement. This is part of a new subsection the legislation would add to Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) on adulteration.

“Setting a safe level of consumption for CBD products is long overdue, but it remains the best path forward for consumers and the industry,” said Daniel Fabricant, PhD, president and CEO of the Natural Products Association, in a press release. “Unlike other federal bills, this one would do what NPA alone has long called for: it would direct FDA to expedite a rule that sets an upper limit for daily consumption. Setting this limit provides clarity for CBD innovators, and also creates a clear path to the well-regulated CBD marketplace that consumers deserve. While we still believe dietary supplements and foods should be under one piece of legislation, this is a positive development for consumers who use these products every day, and we look forward to working with Congress and the FDA to ensure that we have clear federal guidelines and safety standards for CBD products.”