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FDA Faces Deadline To Publish Cannabinoid Lists And Define Hemp Product ‘Containers’ Under Law Trump Signed

In about nine months, federal hemp laws are scheduled to significantly change in a way that industry stakeholders say would effectively upend the market by re-criminalizing most consumable cannabinoid products. But in the interim, the Food and Drug Administration (FDA) is facing a deadline next week to help inform future hemp policy.

As part of appropriations legislation that President Donald Trump signed last year, many hemp products that were legalized during his first term in office under the 2018 Farm Bill will be prohibited once again starting in November. The spending measure included separate provisions, however, to have FDA and other relevant agencies study the cannabinoid marketplace and develop lists of cannabis components.

After the bill was signed, FDA was given 90 days to publish 1) a list of  “all cannabinoids known to FDA to be capable of being naturally produced” by cannabis 2) a list of “all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant” and 3) a list of “all other know cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids.”

Further, the agency was tasked with providing “additional information and specificity about the term ‘container’”

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