September 22, 2021

Volume XI, Number 265

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September 20, 2021

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Senators Introduce Law Providing Legal Pathway for CBD Products

On May 19, 2021, Senators Rand Paul (R-KY), Ron Wyden (D-OR), and Jeff Merkley (D-OR) introduced The Hemp Access and Consumer Safety Act of 2021 (the “Act”), which generally provides a legal pathway for certain hemp-derived cannabidiol (“CBD”) products.

Currently, all CBD and CBD products are regulated by the Food and Drug Administration (the “FDA”) pursuant to the Federal Food, Drug, and Cosmetic Act (the “FDCA”). As a CBD derivative has been approved by the FDA in a currently marketed drug, CBD cannot, as a matter of law under the FDCA, be lawfully placed into commerce as a food or dietary supplement at this time.

As provided within the Act, CBD and CBD products could be placed into commerce as a food or dietary supplement under the FDCA. Please note that all CBD and CBD products would remain subject to the specific food and/or dietary supplement compliance obligations as provided within the FDCA.

Derived from hemp, CBD and CBD-infused products have exploded in popularity throughout the United States. A recent study estimates that the national CBD market could reach a value of $16 billion by 2025. Despite widespread growth and ubiquitous consumption, CBD remains largely unregulated on a federal level at this time.

© Steptoe & Johnson PLLC. All Rights Reserved.National Law Review, Volume XI, Number 144
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About this Author

Ryan Dunne Ewing Medical Cannabis Attorney Steptoe Johnson Law Firm
Associate

Ryan Dunne Ewing represents corporate medical cannabis growers, processors, and dispensaries within West Virginia. Ryan ensures prospective medical cannabis organizations comply with the West Virginia Medical Cannabis Act and facilitates proper capital handling procedures under the Patriot and Bank Secrecy Acts.

Ryan’s practice also focuses on state and federal infrastructure development.  He regularly counsels both public and private utilities before the Public Service Commission of West Virginia, and he has experience with the funding and...

304-353-8186
Joshua L. Stearns ASSOCIATE Louisville Health Law Construction
Associate

As a student-athlete on the University of Louisville football team, Josh learned how to work as part of a team, think analytically in stressful situations, and respect the importance of self-discipline and details.  In his legal practice, Josh takes the lessons he learned on the field and puts them to work for his clients. His clients have needs in health care, corporate law, business transactions, and construction.  Growing up in Kentucky, Josh is proud to work with organizations who share his vision for improving the local community, especially his health care clients. Those clients...

502-423-2034
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