Bipartisan, bicameral coalition issues Request for Information regarding FDA’s CBD regulation

A bipartisan and bicameral group of U.S. lawmakers has unveiled its Request for Information (RFI) on the federal regulation of cannabidiol (CBD). Led by Senate Health, Education, Labor and Pensions Committee Chair Bernie Sanders (I-Vt.) and ranking member Bill Cassidy (R-La.), along with House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) and ranking member Frank Pallone Jr. (D-N.J.), the group is seeking insights from experts and stakeholders on the current market for CBD products and how the absence of federal regulation has contributed to the proliferation of intoxicating, synthetically-produced compounds.

An RFI serves as a research tool that solicits knowledge from experts in related industries, research bodies, and organizations to gather information on capabilities, best practices, rules, and regulations pertaining to a specific service or agency.

In their official RFI document, the lawmakers outline their intention to work with the Food and Drug Administration (FDA) to establish a legislative approach to regulating CBD products. They aim to prioritize consumer safety and provide certainty to the U.S. market. The group invites written responses that address various inquiries, including a description of the current CBD market and its challenges.

The RFI also underscores the importance of the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill. This legislation removed hemp from the definition of marijuana under the Controlled Substances Act and broadened the term to encompass all parts of the Cannabis sativa L. plant, including derivatives, extracts, and cannabinoids with a delta-9 tetrahydrocannabinol concentration of up to 0.3 percent on a dry weight basis.

Since the descheduling of hemp five years ago, there has been a demand for clarity on the legal status of CBD from consumers, manufacturers, and policymakers. Congress has received input from farmers, food and beverage groups, and state regulators, but there is still a need to determine the most effective approach for establishing a legal pathway to market for CBD products.