Congressional Committee Invites Hemp Industry Expert To Testify At Hearing On How FDA ‘Failed’ To Regulate Products

A congressional committee has scheduled a hearing for next week focused on the Food and Drug Administration (FDA), inviting a hemp industry representative to testify on how the agency “failed” to approve certain products such as CBD.

The House Oversight Committee hearing—titled “Restoring Trust in FDA: Rooting Out Illicit Products”—is set to take place on Wednesday.

FDA “failed to approve products and take necessary enforcement actions resulting in a flood of illicit and counterfeit products entering the country,” a memo on the hearing says.

The meeting won’t exclusively focus on cannabis issues. But among the four listed witnesses selected to testify is Jonathan Miller of the U.S. Hemp Roundtable, an organization that has long criticized FDA’s inaction on CBD and other cannabinoid regulations since the crop was federally legalized under the 2018 Farm Bill.

Miller told Marijuana Moment on Friday that he expects the hearing to be “wide-ranging,” but his testimony will concentrate on “all the challenges the hemp industry has been having by the FDA’s failure to regulate our products.”

He said that his testimony will serve as an “update” on issues he outlined during a 2023 hearing before a subcommittee of the full panel, where lawmakers raised concerns about FDA’s refusal to establish rules allowing for the marketing of federally legal hemp as a food item or dietary supplement.

In the two years since that initial meeting, the hemp market has faced repeated regulatory challenges—with a growing number of states moving to enact bans on certain hemp products due to the lack of regulations around intoxicating cannabinoids such as delta-8 THC that have become widely available.

“Nothing has happened at the FDA” to resolve the issue, Miller said. “And we think these ban efforts have a lot to do with the fact that we’re not regulated. So if we can get regulated, hopefully people will drop the efforts to ban our products.”

One potential legislative solution that Miller plans to raise with the committee at the hearing is a bipartisan bill Sen. Ron Wyden (D-OR) filed last year that would create a federal regulatory framework for hemp-derived cannabinoids.

The legislation would empower states to set their own rules for products such as CBD while also empowering FDA to ensure that certain safety standards are met in the marketplace.

Miller said he’s “looking forward” to the opportunity to share the update with members, calling it a “good bipartisan issue that will unite folks on the Oversight Committee” about the need for reform.

In the absence of FDA rules, states from California to Florida have pushed for sweeping changes to their own laws around consumable hemp products. While much of the focus has been on intoxicating products, federally legal CBD businesses have also found themselves increasingly in the crosshairs.

Meanwhile, as lawmakers prepare to once again take up large-scale agriculture legislation this session, congressional researchers in January provided an overview of the policy landscape around hemp—emphasizing the divides around various cannabis-related proposals among legislators, stakeholders and advocates.

Senate Democrats released the long-awaited draft of 2024 Farm Bill last year that contained several proposed changes to federal hemp laws—including provisions to amend how the legal limit of THC is measured and reducing regulatory barriers for farmers who grow the crop for grain or fiber. But certain stakeholders had expressed concern that part of the intent of the legislation was to “eliminate a whole range of products” that are now sold in the market.

For the time being, the hemp industry continues to face unique regulatory hurdles that stakeholders blame for the crop’s value plummeting in the short years since its legalization. Despite the economic conditions, however, a recent report found that the hemp market in 2022 was larger than all state marijuana markets, and it roughly equaled sales for craft beer nationally.

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