Hemp CBD Consumer Protection and Market Stabilization Act

February 4, 2021

Today, the nation’s leading hemp and dietary supplement industry trade groups, joined by major retail and farm organizations including the National Association of State Departments of Agriculture, unite to express strong support for the introduction of the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2021, sponsored by Representatives Kurt Schrader (D-OR) and Morgan Griffith (R-VA), with the support of 17 additional original cosponsors.*

Introduced in the last Congress as H.R. 8179, this legislation would ensure a clear legal pathway to market for hemp-derived cannabidiol (“CBD”) and other ingredients derived from hemp. The bill also directs the U.S. Food & Drug Administration (FDA) to use its authority and resources to set forward a clear and robust federal regulatory framework for these products, thereby promoting consumer safety while providing an economic boost to struggling farmers and their employees. Last year, the bill attracted 30 co-sponsors, 18 Democrats and 12 Republicans, demonstrating the bipartisan strength and depth of support in Congress.

“Reps. Schrader and Griffith have shown true leadership on this issue, and we anticipate support continuing to build as it progresses through Congress,” said Jonathan Miller, General Counsel for the U.S. Hemp Roundtable, and spokesperson for this coalition. “The organizations working collectively to establish a trusted marketplace for ingestible hemp-derived ingredients applaud the bipartisan approach on this legislation.”

In passing the 2018 Farm Bill, Congress made clear its intent to support the production and sale of hemp and hemp derivatives such as CBD. Thousands of American farmers planted hemp in response, with CBD and extract varieties of hemp representing the overwhelming majority of all hemp acreage sown thus far in the U.S.

Unfortunately, regulatory uncertainty remains about the inclusion of hemp and hemp-derived CBD into ingestible products. CBD commerce and investment have resultingly been chilled, impairing job creation and economic opportunity for farmers and small businesses. Meanwhile, as a July 2020 FDA report to Congress revealed, without a clear regulatory framework, many products are being marketed without appropriate safeguards, and are misleading consumers with false label claims.

Passing this legislation would ensure that hemp-derived CBD and other non-intoxicating hemp ingredients could be lawfully marketed as dietary supplements. It would also require responsible product manufacturers to comply with the Dietary Supplement Health and Education Act of 1994 (“DSHEA”), the existing comprehensive framework that regulates dietary supplements. This would assure consumers that the products they purchase are safe, properly labeled and manufactured in compliance with good manufacturing practices (GMPs) for dietary supplements.

The coalition supporting this bill includes the U.S. Hemp Roundtable, American Herbal Products Association (AHPA), Alliance for Natural Health, Citizens for United Health, Consumer Healthcare Products Association (CHPA), Council for Responsible Nutrition (CRN), Hemp Alliance of Tennessee, Hemp Industries Association (HIA), Midwest Hemp Council, National Cannabis Industry Association (NCIA), National Association of State Departments of Agriculture (NASDA), National Grocers Association, Texas Hemp Coalition, United Natural Products Alliance (UNPA), U.S. Hemp Authority, U.S. Hemp Building Association, Wisconsin Hemp Alliance, and We Are For Better Alternatives (WAFBA).

*In addition to Reps. Schader and Griffith, original co-sponsors include: Reps. Earl Blumenauer (D-OR), Suzanne Bonamici (D-OR), Salud Carbajal (D-CA), James Comer (R-KY), Angie Craig (DMN), Rodney Davis (R-IL), Peter DeFazio (D-OR), Matt Gaetz (R-FL), Ruben Gallego (D-AZ), Glenn Grothman (R-WI), Eleanor Holmes Norton (D-DC), David Joyce (R-OH), Ron Kind (D-WI), Chellie Pingree (D-ME), Mark Pocan (D-WI), Tim Ryan (D-OH), and David Trone (D-MD).