The acting commissioner left no doubt about why FDA deems hemp- and cannabis-derived ingredients unlawful for use in any product other than approved drugs.

“In my reading, the law is fairly clear about this. It puts us in a stalemate position,” Woodcock said.

The law is the FDA regulation, imposed through DSHEA, that excludes from the definition of dietary ingredient any substance that has been studied or approved for use as a drug.

Even though hemp was de-scheduled as a controlled substance in the 2018 farm bill and sales of hemp- and cannabis-containing edible products and lotions have proliferated since states began legalizing medical and recreational use of marijuana in the early 2010s, under FDA rules those products are unlawful.

It’s exercising enforcement discretion to allow sales of cannabinoid products that are made and marketed in compliance with its other relevant regulations. (Also see "FDA Road To Decision On Expanding CBD Uses Starts With Weighing Impact On Existing And Future Use As Drug" - HBW Insight, 3 June, 2019.)

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