ABSTRACT

This chapter explains the federal law and policy governing hemp and CBD. Hemp is a variety of the plant Cannabis sativa L. Unlike cannabis, however, hemp contains only trace amounts of THC, the cannabinoid responsible for the plant’s intoxicating effects. Hemp is cultivated for use in tens of thousands of consumer products, from human and animal nutritional foods and supplements to paper and construction materials, personal care and cosmetic products, and other industrial goods. In addition, Cannabidiol (CBD) can also be extracted from hemp (it can also be extracted from cannabis and synthesized). The laws governing hemp and CBD have changed radically over the past decade with the passage of the 2014 Farm Bill and 2018 Farm Bill, the latter of which made hemp completely federally legal in the US. The law governing CBD is still unsettled, and the FDA has taken the clear position that CBD cannot be sold as a food ingredient or dietary supplement under the Federal Food Drugs and Cosmetics Act. However, such sales are widespread in the US and the FDA is grappling with how to address this issue. Currently enforcement is focused on those making medical claims about their CBD products.