The biggest surprise that occurred since I wrote those pieces was the FDA developing a formal policy of Enforcement Discretion For CBD Products without Congress forcing them to do so via legislation — that Enforcement Discretion policy was sent to The White House on July 22nd for review
I had always believed that Congress would pass Pure CBD Legalization in Beverages/Foods and Supplements, and contained within that same bill would be a clause mandating the FDA to develop Interim Regs (Enforcement Discretion) within 60 days
So I think it’s pretty bullish that the FDA acted on its own to develop and then send Interim Regs to the White House (OMB) in July:
FDA submits CBD enforcement policy draft guidance to White House
To me, that feels like a move an agency such as the FDA would make only if they expected CBD Legalization to be passed in Congress over the summer
So even though there has been some delay in the movement of the Phase Four Economic Stimulus Bill, the most likely legislative vehicle for CBD Legalization, thru Congress this summer, I continue to believe that October 1st would make a very sensible target date for the FDA’s Enforcement Discretion/Interim Regs to go into effect
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