Havens Quoted in CBT Discussing CBD Policy Developments

Havens Quoted in CBT Discussing CBD Policy Developments
FDA Plans Hearings on CBD Policy
March 1, 2019
Eric Sandy

Since the passing of the Farm Bill in 2018 that legalized domestic hemp production and sales, there has been controversy concerning whether the hemp-derived CBD should be permitted as an ingredient in food or beverages. The Food and Drug Administration issued a rule that CBD must be treated as any other pharmaceutical compound and is therefore not a permitted dietary ingredient.

In this Cannabis Business Times article, Chair of the Firm's Food and Beverage Practice and Co-Chair of the Cannabis Law Practice Jonathan Havens says the complex FDA rulemaking process may ultimately call for Congressional intervention.

"If something is studied in a substantial clinical trial, and/or if it's the subject of an approved drug application, then it's not a permissible dietary ingredient," said Jonathan. "The FDA's position has nothing to do with the [former] federal illegality [of hemp], although I think they would probably tell you that you shouldn't put a federally illegal substance into anything else—and then sell it to interstate commerce—because then you've got a problem on your hands."