On September 1, 2021, AHPA submitted comments to the Senate sponsoring offices for the “Cannabis Administration and Opportunity Act” (CAOA) Discussion Draft. In a unique approach to development of federal legislation, Sens. Chuck Schumer (D-NY), Ron Wyden (D-OR), and Corey Booker (D-NJ) released the CAOA discussion draft on July 14, 2021 with an invitation for public review and comment by all interested parties. This comment period provided an opportunity to submit feedback on the draft legislation prior to its formal introduction as a Senate bill. As proposed, the draft legislation provides a pathway for broad regulation of the cannabis industry across multiple federal agencies, including regulation of hemp-derived cannabidiol (CBD) by the Food and Drug Administration (FDA).

AHPA’s comments focused on this portion of the CAOA discussion draft that creates provisions for the FDA regulation of hemp-derived CBD, Section 505, “Regulation of Cannabidiol.” AHPA noted that this section proposes a very limited FDA regulatory framework that addresses hemp-derived CBD in dietary supplements only, and it does not address other hemp derivatives already in the consumer marketplace in both dietary supplement and food products. It also limits the options available for the demonstration of safety for hemp-derived CBD to use of NDI notifications and authorizes FDA to determine a daily serving limit for CBD, regardless of the data submitted by a marketer for FDA review.

Earlier this year, AHPA endorsed the U.S. Senate introduction of the “Hemp Access and Consumer Safety Act,” (S. 1698) introduced on May 19, 2021, by Senators Ron Wyden (D-OR), Jeff Merkley (D-OR), and Rand Paul (R-KY). This legislation would subject foods and dietary supplements containing hemp and all hemp-derived ingredients to all of the requirements and protections applicable under FDA’s current food and dietary supplement regulatory frameworks. AHPA’s comments to the CAOA suggest that the sponsoring offices consider how to incorporate this current Senate proposal into the next version of the broader cannabis legislation.

“AHPA appreciates the sponsoring offices’ strategy of soliciting substantive comments to this draft legislation prior to its introduction,” stated Jane Wilson, AHPA director of program development. “We look forward to the consideration of AHPA’s comments, and those of other organizations with an interest in hemp and hemp-derived ingredients as the next draft of the CAOA takes shape.”

AHPA’s comments to the CAOA discussion draft are available here.