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As President Joe Biden takes the reins of the federal government, the transition is impacting pending rules and policies from the former Trump administration—including those concerning hemp and CBD.

The Food and Drug Administration (FDA) last week withdrew draft guidance on CBD enforcement that had been submitted for review to the White House under Trump last year. There are few details about what the proposal included, but it was expected to give the industry a better understanding of the federal perspective when it comes to marketing cannabis products.

That guidance is now being placed on hold, however. The decision to withdraw it came shortly after Biden was inaugurated and his chief of staff sent out a government-wide memo calling on federal agencies to pull pending rules, as Hemp Industry Daily first reported.

What this means for CBD businesses is that they’re being left with limited guidance for what’s acceptable and what might warrant enforcement action as they produce and sell hemp-derived products that were made legal under the 2018 Farm Bill.

FDA has said that it would be using its discretion to go after companies that make especially outlandish and unsupported claims about the medical value of their products, for example. But what exactly constitutes such a claim isn’t clear, and it’s one regulatory area that the guidance may have addressed.

The agency was mandated under appropriations legislation enacted in 2019 to provide an update on its regulatory approach to CBD, and it did so in March of last year. The update stated that “FDA is currently evaluating issuance of a risk-based enforcement policy that would provide greater transparency and clarity regarding factors FDA intends to take into account in prioritizing enforcement decisions.”

FDA has continued to issue warnings to cannabis businesses in certain cases—such as instances in which companies claimed CBD could treat or cure coronavirus—and provide public notices about recalls.

Also last year, FDA released separate draft guidelines that are meant to streamline approvals for generic oral CBD medications.

An agency spokesperson told the hemp news out that in the wake of the CBD guidance’s withdrawal, FDA will “work closely with the new administration to advance appropriate regulations and policies that are in line with the agency’s public health mission.”

Meanwhile, the U.S. Department of Agriculture (USDA) recently released a final rule for the nation’s industrial hemp program, and that is expected to be reviewed by the Biden administration—though it isn’t formally on hold under the new White House chief of staff’s memo as is the case for the FDA’s CBD enforcement guidance.

The hemp regulations—which stakeholders say represent a step in the right direction but could be improved upon—are set to go into effect on March 22.  It remains to be seen whether a full-scale administrative overhaul of the final rule could come before that date.

A USDA spokesperson told Hemp Industry Daily that “we have no specific programs or rules to point to at this time that are on hold, but it’s proper for a new administration to have adequate time to review existing programs as well as those implemented by the previous administration in the final days of their tenure.”

Biden’s White House recommended in a memo that for rules that have been published in the Federal Register but haven’t taken effect yet, as is the case with the hemp regulations, agencies should consider delaying their effective dates by 60 days and opening additional 30-day public comment periods. USDA’s rules have already gone through multiple such periods, but many stakeholders would welcome an opportunity to submit further input on certain provisions that they feel would unduly restrict the market.

USDA also recently appointed a second hemp industry executive to a federal trade advisory board—a signal that the agency is serious about ensuring the market is fairly represented as it expands. Biden’s Agriculture Secretary-designate Tom Vilsack is also widely considered to be an ally of the hemp industry.

Marijuana Legalization Could Create $43 Million In Annual Tax Revenue, Delaware State Auditor Reports

Photo by Kimzy Nanney.

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DE auditor: Legal marijuana = revenue; NM gov & top lawmaker bullish on legalization; Anti-cannabis ND rep’s legalization bill; New psychedelics org

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/ TOP THINGS TO KNOW

Rep. Greg Steube (R-FL) filed a new bill in Congress to protect military veterans from losing their Department of Veterans Affairs benefits for using marijuana. But the new legislation omits a section from last year’s version that would let VA doctors issue written medical cannabis recommendations.

Delaware’s state auditor issued a new report concluding that legalizing marijuana would generate $43 million in annual tax revenue and create more than 1,000 new jobs.

• “The First State cannot and should not be the last state to approve legalization in the region.”

New Mexico Gov. Michelle Lujan Grisham (D) said she is “optimistic” the state can boost its economy by legalizing marijuana this year, and the Senate majority leader is also “feeling more confident” about getting it done in 2021. Legalization bills could be unveiled as soon as this week.

A North Dakota Republican lawmaker who opposes legalizing marijuana has filed a bill to do just that. He sees reform as inevitable and wants lawmakers to write the rules, instead of activists who just got approval to collect signatures to put the issue on the 2022 ballot.

• “I’m not for [legalization] at all, but I understand that it’s coming, and we have to address the issue. I’m trying something different in government—we’re trying to be proactive and not be reactive.”

The Plant Medicine Coalition is a new psychedelics advocacy group that will, among other things, focus on lobbying Congress to appropriate $100 million for research on the therapeutic benefits of psilocybin, ayahuasca, LSD and other entheogens.

/ FEDERAL

Rep. Barbara Lee (D-CA) tweeted, “Legalize cannabis, expunge records for nonviolent crimes, and invest in Black and brown entrepreneurs.”

/ STATES

Florida’s agriculture commissioner tweeted, “Medical marijuana patients, like all patients, deserve to be protected from discrimination under our laws.” She also tweeted, “Legalizing marijuana for adult-use makes sense and it’s the right thing to do: Strengthens our economy Starts to right wrongs in our justice system Source of new state revenue”

The Idaho Senate State Affairs Committee held a hearing on a proposed constitutional amendment to block the state from legalizing marijuana or other drugs, and a vote is planned for Wednesday.

The Virginia House General Laws Committee will hear a presentation on marijuana legalization on Tuesday.

New York regulators began accepting applications for hemp retailer and distributor permits.

Michigan regulators sent a bulletin about having marijuana business design plans reviewed by the Bureau of Fire Services.

Montana regulators sent an update on medical cannabis business fingerprinting requirements.

The Oregon Cannabis Commission will meet on Wednesday.

Ohio regulators will consider medical cannabis rules changes on February 2.

—
Marijuana Moment is already tracking more than 400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—

/ LOCAL

A New York City mayoral candidate wants to legalize marijuana and psychedelics and issue reparations to people harmed by the war on drugs.

Northampton, Massachusetts is the first municipality in the state to stop charging marijuana businesses an annual “community impact fee.”

Allegheny County, Pennsylvania argued in federal court that it should be able to deny employment at a jail to people who use medical cannabis.

/ INTERNATIONAL

Guyana’s government and opposition are pursuing separate marijuana reform bills.

The leader of Scotland’s Conservative Party said, in response to a question in a Facebook chat, “I am not on magic mushrooms. Indeed there were also no mushrooms in the spaghetti bolognese I had tonight.”

Thailand’s government launched a legal cannabis business registration guide.

The Antigua and Barbuda Cannabis Board granted a provisional permit for a company to grow medical cannabis.

/ SCIENCE & HEALTH

A review concluded that using hemp products “benefits in cannabis dependence, epilepsy, and anxiety disorders” and that “pre-clinically, hemp derivatives showed potential anti-oxidative, anti-hypertensive, anti-inflammatory, anti-diabetic, anti-neuroinflammatory, anti-arthritic, anti-acne, and anti-microbial activities.”

A study found “no statistically significant differences in 30-day readmission rates for [irritable bowel syndrome]-specific causes when comparing patients who reported cannabis use with those who did not” but that “cannabis use was associated with reduced 30-day hospital readmission rates for all causes.”

/ ADVOCACY, OPINION & ANALYSIS

The Connecticut Democratic Party tweeted about Gov. Ned Lamont’s (D) support for legalizing marijuana.

The Commonwealth Dispensary Association dropped a lawsuit against Massachusetts marijuana delivery rules that favor equity applicants after it lost several of its member businesses in the wake of a boycott.

The Drug Policy Alliance brought on two new board members.

/ BUSINESS

Innovative Industrial Properties, Inc. closed a sale leaseback transaction with Harvest Health & Recreation Inc. for a Florida property.

New Cannabis Ventures reportedly obtained a leaked recording of the CEO of iAnthus Capital Holdings, Inc. and an investor discussing events leading to a plan that will leave current shareholders with just 2.75% of the company.

/ CULTURE

Lil Wayne’s cannabis brand,  GKUA Ultra Premium, is expanding into Colorado.

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The post Veterans cannabis bill filed in Congress (Newsletter: January 26, 2021) appeared first on Marijuana Moment.

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