The ironic thing about linking to that article from March 20th is that 3/20/19 was a very bullish day for CBD Regulations getting done in 2019
That’s the famous Brookings Institute interview where Gottlieb gave away FDA’s timetable of 2019 for interim regs with enforcement discretion
That it would take 3-5 years for final regulations to be created for CBD products to become completely federally legal is something that I have seen everybody say all year long — it is nothing new
Every Senator, including Mitch, Chuck, and Ron Ogden, have said the same thing
So you need to take into consideration the context of that statement before you proclaim it in any way meaningful
The key clause which always follows 3-5 years is “without any Congressional action”
So “it would take 3-5 years for the FDA to create a fully legal pathway for CBD products without Congressional action” has been said and written about dozens of times all year long
So there is nothing alarming about that quote
The great thing we’ve all seen happen already is that Congressional action has already been taken — Mitch filed legislation in September mandating the FDA to declare a formal policy of Enforcement Discretion (de facto interim federal legalization) by January 2020
In addition, Gottlieb just stated yesterday that he believed the FDA would fold under Congressional pressure and create a legal pathway for national sales very soon
And Dr. Giroir just replaced Dr. Sharpless as interim FDA Commissioner last week
Dr. Giroir is Trump’s hand-picked Interim FDA Commissioner
And Dr, Hahn is Trump’s hand-picked permanent FDA Commissioner
So it looks like Dr. Giroir will be presiding over the FDA Report that is due to be released this Fall — so the probability of interim federal “legalization” using enforcement discretion has just gone up with Sharpless out of the picture and Giroir in his place
Either way, we should be seeing a policy of Enforcement Discretion for Pure CBD products in the Nov/Dec/Jan timeframe
Please read this post from yesterday to catch up with the very latest from Dr. Gottlieb and get on the same page with the most updated and accurate information:
That’s what former commissioner Scott Gottlieb guessed could happen in the Senate. “I think the FDA’s hand is going to get forced on this. I saw it when I was there — this was a top question that came up in meetings with Congress,” he said at a briefing with reporters at American Enterprise Institute, where he’s now a fellow. “It’s going to be hard to confirm an FDA commissioner without some kind of pathway on this; I think there will be holds on the nominee.”
Now that doesn’t sound anything like 3-5 years — if anything, it sounds closer to 3-5 weeks
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