ABSTRACT
Cannabidiol (CBD) is one of over 100 naturally occurring cannabinoids found in both marijuana and hemp. The Food and Drug Administration (FDA) is a regulatory agency within the US Department of Health and Human Services (HHS). The Secretary of HHS has the authority under the Food, Drug, and Cosmetic Act to issue a regulation, following notice and comment, finding CBD lawful in dietary supplements. Dietary Supplement Health and Education Act created a legal definition for a “dietary supplement” as a product intended to supplement the diet that contains one or more “dietary ingredients.” If the Trump Administration's plan ultimately comes to fruition, food safety would be removed from the FDA's jurisdiction and the FDA would be renamed the “Federal Drug Administration.” Multiple companies that sell products that are, or contain, CBD have received warning letters from the FDA for making “disease claims” related to their CBD supplements.
