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FDA Sends Strong Signal Opposing CBD Dietary Supplement Regulation: Week in Review

It wouldn’t be a week in the cannabis business without some confusion around the regulatory state of CBD.

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It wouldn’t be a week in the cannabis business without some confusion around the regulatory state of CBD. While federal legislators have taken up the industry’s clarion call for CBD rules, as Associate Editor Tony Lange reported earlier this month, the U.S. Food and Drug Administration responded this week to several requests to use CBD as a dietary supplement ingredient—effectively putting the damper on the conversation for the moment. 

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Because the FDA (and the DEA) previously approved CBD as an active ingredient in a pharmaceutical drug, Epidiolex, the cannabinoid is now stuck on a separate regulatory path that does not jibe with food, beverages or dietary supplements—according to the FDA’s response to applicant Charlotte’s Web. It’s a tough bit of news for the industry, but it’s also not surprising.

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That’s where Congress might be able to help.

“While we disagree with FDA’s reasoning, believing we provided extensive and credible scientific evidence that supported a different outcome, this decision affirms the path to regulatory clarity must come from Congress,” Charlotte’s Web Chief Executive Officer Deanie Elsner said in a public statement.

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We’re going to stay tuned on that one.

With all that said, we’ve rounded up some of the key cannabis headlines from the week right here.

  • Glass House Farms recently launched a new 1:1 cultivar in partnership with FRB Genetics, providing the California cannabis market with a flower product that dials in the THC and CBD ratio pretty evenly. It’s called Tangelo Flo, and it’s finding its way to the market at a time when industry stakeholders and consumers are having in-depth conversations about potency, chemical profiles and minor cannabinoids. Read more 
  • The FDA pushed back on applications for CBD to be sold as an ingestible dietary ingredient, sending a strong signal that the federal agency is not ready to budge on this ongoing regulatory issue. Read more 
  • Nebraskans for Medical Marijuana met the signature requirement last year to place a medical cannabis legalization measure on the state’s 2020 ballot, but the group’s victory was short-lived after the Nebraska Supreme Court struck down the measure before Election Day. Read more 
  • A group of Democratic state lawmakers in Wisconsin gathered at a dispensary in South Beloit, Ill., Aug. 10 to announce the introduction of a bill to legalize adult-use cannabis. Read more 
  • In the latest lawsuit over Illinois’ cannabis retail licensing process, a judge has barred the state from issuing any new dispensary licenses—including those for medical retailers—until the case is settled. Read more 
  • More patients are set to gain access to Texas’ limited medical cannabis program beginning Sept. 1. But those new patients won’t be receiving the same THC benefits available in many other states. Read more 
  • New Hampshire Gov. Chris Sununu signed 30 bills into law Aug. 10, including one that would allow doctors to recommend medical cannabis for patients with opioid use disorder. Read more 
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