{"id":26433,"date":"2023-03-15T08:30:17","date_gmt":"2023-03-15T12:30:17","guid":{"rendered":"https:\/\/www.veriheal.com\/blog\/?p=26433"},"modified":"2026-03-27T08:50:09","modified_gmt":"2026-03-27T12:50:09","slug":"why-the-fda-wont-regulate-cbd","status":"publish","type":"post","link":"https:\/\/www.veriheal.com\/blog\/why-the-fda-wont-regulate-cbd\/","title":{"rendered":"Why the FDA Won’t Regulate CBD"},"content":{"rendered":"

In 2018, former President Donald Trump signed the <\/span>Farm Bill<\/span><\/a> into law. The Farm Bill is the federal government’s primary agricultural and food policy instrument. Every five years, Congress deals with renewing and revising the comprehensive bill. Before 2018, cannabis was not part of the conversation around farm subsidies or crop insurance. With the passing of the Farm Bill, hemp<\/a> became federally legal.<\/span><\/p>\n

All hemp is cannabis, but not all cannabis is hemp. When the 2018 Farm Bill legalized hemp, it defined hemp as cannabis containing less than 0.3% THC. This opened the door for other cannabinoids and derivatives, including cannabidiol (CBD)<\/a>, to enter the open market.\u00a0<\/span><\/p>\n

CBD is the second-most abundant compound in cannabis and hemp after tetrahydrocannabinol (THC)<\/a>. While CBD is technically psychoactive, it does not cause intoxication like THC. The Farm Bill outlines that CBD sold to the public, not medical or recreational cannabis, must come from hemp. While there are over 80 different compounds found in cannabis, CBD has gained popularity for its treatment of anxiety<\/a> and pain<\/a>. Epidiolex<\/a> is the first and only FDA-approved prescription CBD to treat seizures.\u00a0<\/span><\/p>\n

The FDA and CBD<\/b><\/h2>\n

On Jan. 26 of this year, the <\/span>FDA officially stated<\/span><\/a>, \u201cFDA Concludes that Existing Regulatory Frameworks for Foods and Supplements are Not Appropriate for Cannabidiol, Will Work with Congress on a New Way Forward.\u201d Essentially, the FDA is taking a mostly hands-off approach regarding CBD products.<\/span><\/p>\n

The Farm Bill will expire this year, so the question of whether CBD will be allowed in food or drinks will be negotiated by Congress in the newest version of the Farm Bill. Most CBD products that would be included in food or beverages fall under the category of dietary supplements.<\/span><\/p>\n

The use of CBD in Epidiolex is largely why the FDA does not want involvement in regulating CBD products. A provision in the FDA\u2019s Federal Food, Drug, and Cosmetic Act states that if a substance, such as THC or CBD, is an active ingredient in a drug that has been approved or is being investigated in clinical trials, those products containing that substance are excluded from the definition of a dietary supplement. Because it\u2019s an ingredient in a drug, the FDA argues that CBD cannot be used in food and drinks.\u00a0<\/span><\/p>\n

With negotiations of CBD being allowed in food or drinks, many other aspects of the Farm Bill must be examined. Other areas of concern are farm subsidies, food-stamp benefits, and many other topics.<\/span><\/p>\n

During the January announcement, the FDA stated that there is not enough data addressing CBD’s \u201cvarious safety concerns\u201d to regulate marijuana-derived products as foods or supplements. FDA Deputy Commissioner Dr. Janet Woodcock referenced studies showing CBD can potentially harm the liver, interact with certain medications, and harm the male reproductive system. Studies also show concern about long-term use and exposure to children and pregnant people.\u00a0<\/span><\/p>\n

The Growing CBD Market<\/b><\/h2>\n

CBD continues to grow in popularity and can be found in almost any type of product: food, makeup, and even dog foods. The United States has the largest population of use, with Europe having the second-most use. U.S. sales <\/span>reached $4.17 billion<\/span><\/a> in 2022, and forecasts predicted the market could <\/span>quadruple<\/span><\/a> by 2026.\u00a0<\/span><\/p>\n

Research completed by <\/span>Cross River Therapy<\/span><\/a> reported that:<\/span><\/p>\n