Transition From Trump To Biden Impacts Federal Hemp And CBD Rules

MJ moment

As President Joe Biden takes the reins of the federal government, the transition is impacting pending rules and policies from the former Trump administration—including those concerning hemp and CBD. The Food and Drug Administration (FDA) last week withdrew draft guidance on CBD enforcement that had been submitted for review to the White House under Trump last year. There are few details about what the proposal included, but it was expected to give the industry a better understanding of the federal perspective when it comes to marketing cannabis products. That guidance is now being placed on hold, however. The decision to withdraw it came shortly after Biden was inaugurated and his chief of staff sent out a government-wide memo calling on federal agencies to pull pending rules, as Hemp Industry Daily first reported. What this means for CBD businesses is that they’re being left with limited guidance for what’s acceptable and what might warrant enforcement action as they produce and sell hemp-derived products that were made legal under the 2018 Farm Bill. FDA has said that it would be using its discretion to go after companies that make especially outlandish and unsupported claims about the medical value of their products, for example. But what exactly constitutes such a claim isn’t clear, and it’s one regulatory area that the guidance may have addressed. The agency was mandated under appropriations legislation enacted in 2019 to provide an update on its regulatory approach to CBD, and it did so in March of last year. The update stated that “FDA is currently evaluating issuance of a risk-based enforcement policy that would provide greater transparency and clarity regarding factors FDA intends to take into account in prioritizing enforcement decisions.” FDA has continued to issue warnings to cannabis businesses in certain cases—such as instances in which companies…

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Source : Transition From Trump To Biden Impacts Federal Hemp And CBD Rules

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