The U.S. Food and Drug Administration’s announcement Thursday that it won’t regulate products containing CBD and will instead pass that buck to Congress means the preservation of the current, uneasy status quo for now.
It will also mean more work for an increasingly fractious Congress – and further uncertainty for companies deciding whether to enter the $4 billion-plus CBD business.
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In addition to grappling with broader marijuana policy reform – including access to banking, tax relief and the question of federal legalization – Congress must decide what to do with intoxicating hemp-derived cannabinoids such as delta-8 and delta-10 THC.
“I don’t think this changes anything for now, whether you’re in the CBD space, the delta-9 space or the delta-8 space – at least not for today,” said Jonathan Havens, a former counsel at the FDA and now a Baltimore-based attorney who co-chairs the cannabis law practice
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