Updated Guidance as of October 2019 via the ME DACF website for guidance.
What is the latest with CBD? Augusta, ME: July 10th – The State of Maine recently issued, ‘MAINE AGENCY GUIDELINES for ENFORCEMENT of PL 2019 Ch. 12[LD 630]’. To view the document, click here. LD 630 ‘An Act To Clarify That Food, Food Additives and Food Products Containing Hemp-derived Cannabidiol Produced and Sold within the State Are Not Adulterated and To Match the State’s Definition of “Hemp” to the Definition in Federal Law’ was signed into law by Governor Mills as an emergency measure on March 27, 2019.
As of May 20, 2019, LD 1749 ‘An Act To Amend the State’s Hemp Laws’ was released to further refine the state’s Hemp and CBD laws.
Nationally – At the end of 2018, the recently passed Farm Bill removed industrial hemp from the list of Schedule I drugs, allowing for the sale of hemp-derived products. This has led to widespread reports that the Farm Bill legalized products containing CBD. However, such reports overlooked the complexities of the regulatory status of CBD. “The Farm Bill does not alter the FDA’s authority over the use of hemp-derived ingredients in FDA-regulated products, including drug products, food, dietary supplements, and cosmetics.” Moreover, “[FDA has taken the position that CBD cannot be marketed as a food or dietary ingredient under the exclusionary clauses of the Federal Food, Drug, and Cosmetic Act (FFDCA).” As provided by FMI.
In order to inform the regulatory path forward, FDA is holding a public hearing on May 31, 2019, for stakeholders to share their experiences and challenges with products containing cannabis and cannabis-derived compounds, including information and views related to the safety of such products, as well as to solicit input relevant to the agency’s regulatory strategy related to existing products.
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