FDA Clearing CBD As Dietary Ingredient? Legislation More Likely Than Rulemaking

Senate Appropriations subcommittee members add to Capitol Hill's push for FDA to change its current regulatory stance that CBD is deemed noncompliant for use in supplements and food. Commissioner Gottlieb suggests legislation authorizing FDA to allow use of CBD up to certain concentrations in supplements and food products. FDA currently allows sales of food and supplements containing CBD under enforcement discretion.

Regulatory stabilization for FDA oversight of using cannabidiol in dietary supplements and food could come through differentiating between ingredient concentration levels allowed in those products and levels approved for drugs.

The change likely will come from legislation rather than through a rulemaking by FDA

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