FDA Commissioner Signals CBD Regulatory Activity Will Start Soon

U.S. Food and Drug Administration (FDA) Commissioner Gottlieb spoke this week at the Winter Policy Conference of the National Association of State Departments of Agriculture. It was clear that state Agriculture Commissioners were clamoring for information on the agency’s intentions on CBD, and some present specifically asked for a timeline for consideration of a regulatory framework for CBD. The Commissioner also made reference to looking to Congress for assistance in creating an efficient and predictable regulatory framework and indicated the agency is exploring “alternative approaches” to CBD regulation.

At a hearing on Capitol Hill the next day, the Commissioner elaborated, saying, "There is not a good proxy for us doing this through regulation, and if we get comments back and find this is sufficiently complicated for the agency, we will come back and have a conversation with Congress on with how we might be able to work together on this." He added that Congress may need to intervene with additional legislation if the FDA thinks it will take two or more years to implement the rules. He also mentioned that the FDA will hold their first public hearing on the topic in April.