FDA holds first public hearing on legalizing CBD in food and drinks

The FDA held its the first public hearing Friday on a plan to legalize CBD in food and drinks. CBD comes from plants in the cannabis family, but unlike marijuana, it won’t make you high.

Cannabis-related products have flooded the market, making health claims about pain relief, immune function and anxiety and depression and it’s expected to be a $20 billion dollar industry by 2022.

In March, WINK News first investigated why thousands of CBD products are already on the market in Southwest Florida, despite the state saying it is technically still illegal for sale. We found shops selling CBD in the form of oils, soaps, brownies, and even coffee.

“That’s what made us get into it is, the market demanded it,” said Jimmy Java, owner of Jimmy’s Java. “And we can’t keep it on the shelves.”

He started selling his CBD-infused coffee at farmer’s markets late last year.

“If this can help me, I’m all for it,” said J.D. Call, who bought the CBD-infused coffee from Jimmy’s Java.

He said he suffers from back pain.

MORE: Confusion Over Cannabidiol: Is CBD legal? It depends who you ask

The goal of the hearing is to “identify and collate all available data to help us answer these questions in order to make sure that the American public is protected — including to the extent CBD is being introduced into our food supply or other common consumer products,” Michael Felberbaum, an FDA spokesman, said in an email to CNN.

CBD, also known as cannabidiol, is the ingredient in marijuana and hemp touted to have many medicinal benefits. It’s different from tetrahydrocannabinol or THC, the main psychoactive component of cannabis.

Last June, the FDA for the first time approved a cannabis plant-derived, CBD-based drug, Epidiolex, which is approved to treat two severe and rare forms of epilepsy: Dravet Syndrome and Lennox-Gastaut syndrome.

Dr. Amy Abernathy, principal deputy commissioner of the FDA and head of the agency’s CBD working group, said in a tweet last week, “The FDA has not approved any other CBD-containing products. We want consumers to be aware that there is only limited available information about CBD, including about its effects on the body.”

Witnesses from the supplement industry, researchers, doctors and patients are all expected to testify about their experiences with cannabis at Friday’s hearing. The agency will also make a docket available for public comments that will close on July 2.

In April, then-FDA commissioner Dr. Scott Gottlieb warned in a statement that “open questions remain regarding the safety” of widespread use of CBD products. He also noted there are concerns about a lack of standards around CBD concentrations in products and the possible impacts of long-term CBD use.

“It’s critical that we address these unanswered questions about CBD and other cannabis and cannabis-derived products to help inform the FDA’s regulatory oversight of these products,” he said. “Especially as the agency considers whether it could be appropriate to exercise its authority to allow the use of CBD in dietary supplements and other foods.”

It is illegal to introduce CBD or THC into the food supply or market it as a dietary supplement. Marijuana remains illegal under federal law. However, at least 10 states have moved ahead and legalized the purchase and possession of recreational marijuana while 33 states allow the use of medical marijuana.

As states have liberalized the use of marijuana, CBD-related products such as oils, lotions, chocolates and even dog food have stormed the market.

In December, President Donald Trump signed the Farm Bill into law, legalizing hemp, which also contains high levels of CBD. Market analysts expect the hemp-derived CBD market alone to hit between $15-20 billion in the next five to six years.

“The industry is exploding, it’s growing in popularity every day. It’s so important for the FDA to get a regulatory handle on this,” said Jonathan Miller, general counsel for the US Hemp Roundtable, an industry-backed advocacy group. “There are bad products out there. There are products that make false claims. It’s important that FDA develop standards.”

Earlier this year, FDA sent warning letters to PotNetwork Holdings in Florida, Nutra Pure in Washington state and Advanced Spine and Pain in New Jersey for “making unsubstantiated claims related to more than a dozen different products and spanning multiple product webpages, online stores and social media websites.” These companies made claims that CBD could help with cancer and dementia.

Since 2015, the FDA has issued 48 similar type letters about the marketing of CBD products.

Miller said the industry wants regulation. “Our biggest enemy isn’t the FDA or the DEA, but CBD companies making false claims,” he said.

There needs to be clear steps in informing the public that there is no science behind the generic claims made about CBD,” Dr. Yasmin Hurd, director of the Addiction Institute at Mount Sinai in New York and a cannabis researcher, wrote in an email to CNN.

But Hurd worries that the FDA is coming to the table too late.

“The market and the public have already let the genie out of the bottle and it will be difficult to put it back in without the FDA and government showing clear proof that there is evidence showing a negative health impact,” she said.

While a timeline hasn’t been set by the FDA, Miller is hopeful that the FDA will prioritize creating regulations for cannabis-based products. He anticipates that CBD can be regulated both as a drug and as supplement, potentially based on dosing and concentration.

Maintaining a distinction between a medical research pathway and a supplements pathway is key, Hurd said.

“It is critical that the FDA consider making a distinct pathway to expedite CBD research to thus make it possible to quickly inform policy makers, patients and physicians about the potential health impact, dosing regimens, adverse effects as necessary for the development of any medication. It needs to be clear that such a pathway would be different from recreational or nutraceutical/supplement market.”

Hemp Program Bill Introduced In Florida 

According to the Florida Department of Agriculture and Consumer Services:

“In May, the Florida Legislature passed SB 1020, which creates a state hemp program in Florida. The bill is currently awaiting the [Gov. Ron DeSantis’] signature and, if signed, will take effect July 1.

“Meanwhile, our Department is moving forward with plans to implement the program. We will be holding workshops to gather public input with the goal of having the state hemp program in place by this fall, to allow hemp to be grown in 2020.”

“Our Department will be responsible for regulating the growth, manufacturing, testing, and sale of cannabis and CBD products in Florida, the rules for which are being developed over the next several months.

“Until the bill is signed and the state hemp program is in place, CBD products are still not legal for sale under Florida Statute 893.02. Commissioner Fried is a strong advocate for cannabis and hemp, and she is working as quickly as possible to make the exciting potential of hemp a reality in Florida in the coming months.”

A spokesperson from the Florida Senate said in an email:

“The bill has not yet been transmitted to the [Gov. DeSantis]. The Senate is coordinating the timing of sending bills with the governor’s office, specifically accounting for the trade mission to Israel.”

They expect to send the approved bill to Gov. Desantis in the coming days when he has returned from the trade mission.

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Reporter:Sara Girard
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