FDA Promises CBD Hearings in April, But They’re Just the First Step

FDA Promises CBD Hearings in April, But They’re Just the First Step

While the 2018 Farm Bill removed hemp from the Drug Enforcement Administration’s regulatory oversight, the Food and Drug Administration (FDA) continues to oversee foods, drugs or cosmetics that contain hemp or hemp products, the most popular of which is currently CBD. Meanwhile, states, farmers and other interested parties are clamoring for guidance on hemp commercialization, driven by the steadily increasing demand for CBD products among consumers who believe the hemp derivative is an effective treatment for a wide range of ailments.

FDA Commissioner Dr. Scott Gottlieb recently promised that hearings will begin in April to gather public comments before issuing new CBD regulations. Until then, the FDA will continue to evaluate CBD as a pharmaceutical substance that is unlawful in food and dietary supplements. Gottlieb recognizes the need for “an appropriately efficient and predictable regulatory framework for regulating CBD products,” but warned that it’s not a “straightforward process.”

Some observers predict that creating an appropriate framework may be a multi-year process that could require Congress to take an active role. As more states legalize hemp, however, bipartisan Congressional action becomes more likely.

Update: Hours after this blog was posted, Dr. Gottlieb announced that he will be resigning as FDA Commissioner. His departure adds yet another question mark into this uncertain situation, and may result in further delays in the FDA’s development of new CBD regulations. 

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Peter Becker

Peter Becker is an experienced trademark, copyright and domains attorney with experience developing and implementing global strategies and IP portfolios for billion-dollar brands, including Microsoft and Amazon.      

Peter advises senior executives on building brand equity, enforcing and monetizing non-patent IP assets, and defending IP threats. He is well versed in brand management overseeing risk analysis, clearance, prosecution, oppositions, uniform domain name dispute resolution policies, customs seizures, policing and defensive conflicts. Peter also guides clients through all aspects of IP management related to mergers and acquisitions.


Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Elvin Rodríguez Fabilena


Julie Godard
Carl L Rowley -Thompson Coburn LLP

Jerry Chesler – Chesler Consulting

Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

William Bogot – Fox Rothschild

Valerio Romano, Attorney – VGR Law Firm, PC

Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild