FDA Regulatory Issues for CBD in 2021

  • Updated January 21, 2021

  • Published January 21, 2021

  • No Comments
FDA regulatory issues for CBD in 2021

The FDA may finally make regulatory decisions about CBD in 2021.

Since the signing of the U.S. Farm Bill in 2018, CBD products have grown in popularity. It can be found in a variety of different forms, including creams, capsules, tinctures, beverages, and edibles, among others, and is available from a variety of CBD manufacturers and sellers.

Despite the number of products that contain CBD and the number of people who claim it improves their wellbeing, it has never been approved by the U.S. Food and Drug Administration (FDA).

In the past, the FDA has claimed that CBD may not be used in any food or supplement, and as of the end of 2020, that had not changed. There is a draft cannabidiol enforcement policy that has been with the FDA Office of Management and Budget for review since July 2020, but no determinations have yet been made. However, with increasing pressure from the U.S. Congress, there is hope that 2021 will see the FDA create a regulatory pathway that will allow CBD products to be marketed legally.

Although CBD products have not been approved by the FDA, there are still many options available on the market. This is because the FDA has ignored companies that manufacture these items, as long as they don’t make over-the-top health claims.

In addition, when it comes to items that contain THC, as long as there is less than 0.3% of this cannabinoid, the products can be sold to consumers. THC, however, is still considered a Schedule 1 substance, so it is illegal on a federal level in amounts higher than 0.3%.

The hope is that with continued pressure in 2021, the FDA will make it possible to market products with CBD. There is no deadline for when this approval might take place, so it could happen at any time.


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