As a result of the 2018 Farm Bill, Hemp was officially removed from the Control Substances Act (CSA), defining it as a cultural commodity and no longer being classified a controlled substance like its plant cousin Marijuana.
Following the recent passing of the 2018 Farm Bill, the U.S. Food and Drug Administration (FDA) released a statement declaring their intention to retain their authority to regulate ingestible and topical products, including those that contain hemp and hemp extracts like Cannabidiol (CBD). To summarize, the Farm Bill deemed hemp and its extracts like CBD, legal at the federal level, while the FDA wants to ensure product manufacturers are not marketing CBD products as Foods, Dietary Supplements or making such claims that their CBD products will treat, cure or prevent disease.
What Does this Mean?
For a vastly growing industry, regulation is important. Similar to Food Safety and Human Health organizations, regulatory standards provide manufacturing guidelines, marketing accountability, product traceability and overall, work to elevate the safety standards required for regular human consumption and use. The FDA’s current position is not their final determination and should not be interpreted as the law. The truth is, a recently FDA approved pharmaceutical drug called Epidiolex, (made to treat Epilepsy) named it’s “active ingredient” CBD (Cannabidiol). Although it is synthetically derived for drug purposes, this is what enables the FDA the authority, to provide regulatory oversight, influencing the industry of CBD and Hemp.
What Should Spa Professionals Know?
The same legislative advocates behind the 2018 Farm Bill, have urged the FDA’s recent positioning, to alleviate restrictions on Food and Supplement companies that manufacture with CBD, by providing detailed guidelines to follow so standardized safe practices can become an industry “norm.”
Any brands manufacturing products made with CBD or Hemp extracts should NOT be marketed as Foods, Dietary Supplements, and or making claims their products will treat, cure or prevent any diseases.
The retail sale or distribution of CBD products that currently fall under those specific above categories, are at risk for potential FDA scrutiny and or disciplinary action. CBD products made for topical use, without making false marketing claims, using .3% or less THC Industrial Hemp are not targeted objectives for the FDA’s enforcement resources.