Some members of Congress appear to be losing patience with the FDA’s reluctance to legalize cannabidiol (CBD). On Jan. 13, a bill was introduced to amend the Federal Food, Drug and Cosmetic Act (FDCA) to include hemp-derived CBD as a dietary supplement.

House Agriculture Committee Chairman Collin Peterson (D-Minn.) introduced House Bill 5587, described by lawyers at Ritter Spencer PLLC as "a simple, three-page bill with the primary objective of including hemp-derived CBD as a dietary supplement … to be marketed and sold in interstate commerce with adherence to the Dietary Supplement Health and Education Act (DSHEA)."

One of the reasons the FDA has dragged its feet on legalizing CBD, according to some observers, is its adherence to the FDCA, which prohibits the introduction into interstate commerce of a food or dietary supplement ingredient that was first studied as a pharmaceutical drug. Because CBD is the key ingredient in Epidiolex, a drug for the treatment of seizures, the FDA maintains it cannot approve CBD for use in a food, beverage, or cosmetic.

"Though we do not necessarily anticipate this bill to pass, it will most likely serve as an effective tool to goad the FDA into action," said a statement from Ritter Spencer. "It is at least a small step forward toward fixing the FDA issues."