Sponsors of the CBD Product Safety and Standardization Act (H.R. 6134) expressed disappointment with technical assistance the FDA provided in response to their legislation, calling it “a completely insufficient response.” The bill requires FDA to regulate food containing cannabidiol (CBD) derived from hemp as a food additive.

The 2018 Farm Bill explicitly left FDA the authority to regulate cannabis or cannabis-derived compounds. FDA has not yet acted on that authority, “allowing a marketplace where dangerous products, like those containing delta-8 THC are often indistinguishable” from state-regulated products, the bills’ sponsors stated.

The letter acknowledged FDA’s desire for more data on CBD products, but stated that waiting for “perfect answers” before taking any action to establish a regulatory framework is “unacceptable.” The letter specifically asks for a response within 30 days addressing the text and construct of the legislation and an update on ongoing work by the agency to create a related enforcement discretion policy.