Schumer bill mandates legal pathway for CBD supplements, directs FDA to set safe upper exposure limit

Schumer’s bill, called the Cannabis Administration and Opportunity Act, is cosponsored by Senators Cory Booker, D-NJ and Ron Wyden, D-OR.  The bill proposes a framework to legalize the cannabis trade as a way to unwind that portion of the decades long federal War on Drugs which, the bill notes, has disproportionately affected communities of color.

Miscarriage of justice

The draft bill states: “According to the American Civil Liberties Union (ACLU), enforcing cannabis prohibition laws costs taxpayers approximately $3,600,000,000 a year.

“The continued enforcement of cannabis prohibition laws results in over 600,000 arrests annually, disproportionately impacting people of color who are almost 4 times more likely to be arrested for cannabis possession than their White counterparts, despite equal rates of use across populations.”

Legal trade in CBD, daily exposure considerations

While the majority of the large bill, whose discussion draft extends to 161 pages​, pertains to the trade in cannabis products, a portion is directed at CBD.  The bill specifically carves out a legal trade in these items.

According to a 29-page summary of the bill​, “This section would amend the definition of dietary supplement to remove the prohibition on marketing CBD as a dietary supplement.” 

In addition, the bill mandates that an upper safe level of daily CBD exposure be established, and also states that, “Certain dietary supplements would be required to submit New Dietary Ingredient (NDI) notifications to FDA. Additionally, the section would clarify that FDA would have the ability to require safety-related labeling or packaging requirements if needed and give FDA the ability to take enforcement action against any noncompliant CBD-containing products that is inappropriately labeled as a dietary supplement.”

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