December 20, 2021

It’s Been Three Years and FDA Still Refuses To Regulate CBD

U.S. Hemp Roundtable

On this day three years ago, our industry rejoiced as the 2018 Farm Bill was signed into law, ending the era of federal prohibition on hemp by permanently deeming it a legal agricultural commodity and establishing USDA rules for production. We also celebrated that popular hemp products could no longer be mistaken as controlled substances as the sale of hemp and its derivatives, such as cannabidiol (CBD), were now legal. Indeed, that same day FDA’s then-Commissioner recognized the “clear interest of Congress in fostering the development of appropriate hemp products” and acknowledged that the FDA “has the authority to issue a regulation”, which would allow for marketing.

Farmers across the nation relied on this government action, and invested considerable time and resources to plant, grow, and market commercial hemp crops, particularly for the CBD market for which there was (and still is) an immediate processing infrastructure and consumer demand.

Unfortunately, regulatory uncertainty of CBD products continues to dismantle the up-and-coming market, limiting demand from the manufacturing sector, resulting in sharp declines in hemp prices and economic hardship for hemp farmers. Lack of regulatory oversight by the U.S. Federal Drug Administration (FDA) is causing bankruptcies of legitimate CBD manufacturers, while fueling blackmarket CBD brands that sell products made without safety protocols.

We could not have fathomed three years of inaction by FDA to regulate CBD and the impact it would have on our industry — which has been held entirely in the hands of the agency since the passage of the 2018 Farm Bill. While it’s bittersweet looking back knowing now it was only the beginning of this ongoing battle, we cannot let our efforts be discouraged. If anything, this underscores the urgency for Congress to prioritize passing a legislative solution. Even the FDA blames current law for its “stalemate position” claiming Congressional action is required.

Tell Congress to Regulate CBD now!

We owe it to hemp farmers to fulfill the 2018 Farm Bill commitments made to them and to ensure safety of CBD products! Please visit the online action center at and fill out the customizable form asking your members of Congress to support critical legislation that would regulate products containing hemp-derived cannabinoids.

Help amplify the industry-wide call on Congress to #RegulateCBDNow by sharing on social media! Encourage your friends and followers to fill out the form and spread the word. Together, we can ensure a safe and successful CBD industry for all.