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Rep. Pingree asks FDA to enable lawful pathway for hemp-derived products

Pingree is one of 11 lawmakers asking FDA Commissioner Scott Gottlieb to outline how people can lawfully sell food products with hemp-derived CBD across state lines.
Credit: NCM

WASHINGTON, D.C., USA — Rep. Chellie Pingree wants Mainers to be able to sell food products containing CBD across state lines. 

The Democratic Congresswoman and long-time organic farmer was one of 11 House lawmakers, including freshman Rep. Jared Golden (D), who sent a letter to the U.S. Food and Drug Administration.    

The lawmakers are asking FDA Commissioner Scott Gottlieb to outline how people can lawfully sell food products with hemp-derived CBD across state lines.

Cannabidiol is a naturally occurring compound found in the flowers of the cannabis plant. Therapeutic properties of CBD are being tested, and it is considered a safe and non-addictive substance that, unlike THC, does not make a person feel "high."

In a tweet, Pingree said hemp production is a growing market for farmers and rural communities across the country, and that is why she and other lawmakers are urging the FDA Commissioner to institute a lawful system for products with CBD. 

Pingree says she plans to question FDA Commissioner Gottlieb when he is expected to appear before the committee next week.

Letter: 

Dear Commissioner Gottlieb:

We are writing to urge the Food and Drug Administration (FDA) to provide guidance on lawful pathways for food products containing hemp-derived cannabidiol (CBD) in interstate commerce.

On February 5, 2019, The New York Times reported that the New York City Department of Health instituted a ban on food products containing CBD. Officials in other states, including Maine and Ohio, have also recently taken enforcement actions related to food products containing CBD. These actions have spurred a tremendous amount of confusion among product manufacturers, hemp farmers, and consumers of these products.

As you know, hemp production is a growing market for farmers and rural communities across the country. Last December, the President signed the Agriculture Improvement Act of 2018 into law, which removed hemp-derived products from the definition of marijuana and removed tetrahydrocannabinols in hemp from the list of Schedule I substances under the Controlled Substances Act.  Following the President’s signing of the farm bill, you released a statement clarifying FDA’s role in the regulation of hemp-derived CBD products in interstate commerce. In the statement, you committed to holding a public meeting on this topic to gather information. Additionally, you announced that FDA had approved Generally Recognized As Safe (GRAS) designations for three hemp-seed derived ingredients: hulled hemp seeds, hemp seed protein, and hemp seed oil.

In light of the aforementioned state enforcement actions and the resulting confusion, we are calling on FDA to swiftly provide guidance on lawful pathways for food products containing hemp-derived CBD in interstate commerce. We are looking for immediate leadership from the Federal Government to eliminate confusion around this issue. We respectfully ask that you provide responses to the following questions by February 22, 2019:

•    When will FDA provide guidance on lawful pathways for food products containing hemp-derived CBD in interstate commerce?  For example, the GRAS Notification Program seems as though it is one such pathway.

•    When will FDA hold a public meeting on the regulation of food products containing hemp-derived CBD in interstate commerce?   

Thank you for your attention to this matter, and we look forward to your response. 


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