Even in the absence of federal regulatory measures, Virginia has now authorized the inclusion of CBD in food products, bringing much-needed clarity to a subject that remains ambiguous under federal law. The 2018 Farm Bill removed hemp and its derivatives from the federal government’s classification of controlled substances, enabling the cultivation and distribution of hemp in most states. However, according to the federal Food, Drug, and Cosmetic Act, adding CBD to food remains illegal.
Despite the FDA’s stance, CBD continues to be incorporated into various products, including beer, snacks, coffee, cocktails, and jelly beans across the country. Nielsen estimates that nationwide sales of hemp-derived CBD products could reach $6 billion by 2025. Unlike THC, CBD does not produce a high, and hemp plants permitted under federal law must contain THC levels of no more than 0.3%. This new legislation in Virginia is positive news for many producers. “It legitimizes the CBD industry,” said Charlotte Wright, a hemp farmer and owner of the CBD business Hemp Queenz, in an interview with the Associated Press. “Currently, there are no testing requirements, no labeling, and consumers have no idea what is in these products. It’s like the Wild West.”
At the federal level, lawmakers have urged the FDA to expedite its regulatory process, as the production of hemp could significantly increase agricultural revenue for states. U.S. Senator Jeff Merkley from Oregon mentioned to the Capital Press that CBD could potentially become a billion-dollar industry for his state. During the 2019 growing season, approximately 1,200 registered hemp growers cultivated around 2,200 acres of hemp in Virginia, according to reports from the Associated Press.
It has been nearly a year since the FDA’s initial public hearing on CBD, during which manufacturers voiced their confusion regarding CBD regulations and sought clarification. Since then, two senior FDA policy officials have recognized the necessity for clearer guidance on the agency’s regulatory direction. Last year, the FDA issued an update on CBD, stating that it could not grant generally recognized as safe status to the ingredient or approve products containing it. The agency has continued to send warning letters to companies misusing CBD.
Last month, the FDA announced it would reopen the comment period from last year’s CBD hearing, allowing comments indefinitely. The original period garnered nearly 4,500 responses and concluded last July. Before the coronavirus pandemic shifted the legislative focus, Congress was pressing the FDA to establish rules for classifying and regulating CBD-containing food products. Approximately 26 members of the U.S. House of Representatives had urged then-acting FDA Commissioner Ned Sharpless to swiftly develop policies and consider issuing an interim final rule to regulate CBD as a food additive.
As consumer demand continues to grow, Virginia is not alone in crafting its own regulations regarding CBD. States such as Alabama, Colorado, and Maine permit CBD in consumer products, provided they do not exceed 0.3% THC. Other states are also considering legislation similar to the one signed by Governor Northam. In California, lawmakers are deliberating a bill that would allow hemp-derived CBD foods, complete with product testing requirements and warning labels.
As more states take action on CBD in food products, the pressure on the FDA to elucidate federal regulations will only intensify. Additionally, consumers looking for supplements may find options like Bariatric Advantage Calcium Citrate on platforms such as Amazon, reflecting the growing interest in health products alongside the emerging CBD market.