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Senator McConnell’s Demands From The FDA
Specifically, McConnell’s language will require the FDA to provide guidance on how, and whether, it will enforce rules regarding the sale of food, cosmetics, and dietary supplements containing hemp-derived CBD, as well as:
•Require the FDA, within 90 days, provide a report regarding the Agency’s progress toward obtaining and analyzing data to help determine a policy of enforcement discretion, and the process in which CBD meeting the definition of hemp will be evaluated for use in products.
•Within 120 days, issue a formal enforcement discretion policy on hemp-derived CBD.
•Preserve the enforcement discretion policy until the agency has adopted final rules on CBD.

FDA’s Current Position on Hemp-Derived CBD Products & Possible Next Steps

The FDA’s current position, while it weighs how to ultimately regulate CBD products, is that “under current law” it is illegal to “sell a food or dietary supplement with CBD in interstate commerce.” Presumably, if the amended report passes, the FDA could take the position that it will not take enforcement action against intrastate sales of CBD products.

"intrastate sales of CBD products."

bill sponsor Assembly member Cecilia Aguiar-Curry’s statement, in response to the Senate Appropriations Committee’s action to hold AB 228 on Suspense, also expressed confidence in having a bill ready for Governor Newsom to sign come January:


“Regardless of the action in Senate Appropriations today, I am confident that we will have a bill ready for the Governor to sign at the beginning of next year, so that our California hemp farmers and producers of hemp-CBD can take advantage of this new multi-billion dollar opportunity.”

"intrastate sales of CBD products." https://bio-science-enterprises.net/#ce783309-211f-48d3-b726-a871852d01e6