After years of delay, frustration, and regulatory ambiguity, the U.S. House Oversight Committee is hold a hearing this week that stakeholders hope will mark a turning point for the embattled hemp-derived CBD industry.
The session, set for Wednesday, is expected to scrutinize the Food and Drug Administration’s (FDA) failure to regulate non-intoxicating cannabinoids like CBD, among other topics.
The hearing, titled “Restoring Trust in FDA: Rooting Out Illicit Products,” comes amid intensifying pressure on Congress and federal agencies to address the growing confusion around hemp-derived CBD and intoxicating compounds such as delta-8 THC, which have flooded the market in the absence of federal rules.
Despite the ostensible legalization of hemp-derived cannabinoids under the 2018 Farm Bill, rules specific to cannabinoids have yet to be established by the FDA. A previous hearing in Congress nearly two years ago did little to change the arc of things for the CBD sector.
‘Nothing has happened’
Among those to give testimony Wednesday, according to a hearing notice, is Jonathan Miller, general counsel for the U.S. Hemp Roundtable, a CBD trade group. Miller is expected to renew the call for decisive FDA action on regulations for CBD and other hemp-derived cannabinoids. While much of the focus has been on intoxicating products made from CBD, businesses that make and sell non-intoxicating CBD oil have also found themselves targeted by state regulatory initiatives.
“Nothing has happened at the FDA,” Miller told Marijuana Moment in advance of the hearing. “We think these ban efforts [by states] have a lot to do with the fact that we’re not regulated. So if we can get regulated, hopefully people will drop the efforts to ban our products.”
Crisis years in the making
Since the 2018 Farm Bill federally legalized hemp and all of its downstream derivatives, CBD has been caught in a regulatory no-man’s-land. Despite widespread consumer interest and billions of dollars in investment, the FDA has maintained that it cannot regulate CBD as a food additive or dietary supplement under existing frameworks. That position has led to a chaotic patchwork of state laws and the rise of gray and black markets filled with unregulated – and at times unsafe – products.
While the current FDA Commissioner, Martin A. Makary has not yet issued new public remarks on CBD, the agency’s long-held position was reiterated last year by his predecessor, Robert Califf, during a March 2024 hearing.
“The use of CBD raises safety concerns, especially with long-term use,” Califf said. “Studies have shown evidence of liver toxicity, interactions with certain medications, and possible harm to the male reproductive system.”
Califf said those concerns are amplified for vulnerable groups such as children and pregnant women. The FDA has also issued repeated warnings about intoxicating substances like delta-8 THC, synthesized from hemp-derived CBD, which are being sold in convenience stores and online with little oversight.
Political gridlock, economic fallout
Congress has floated multiple legislative solutions since at least 2021, to little avail. “This is a good bipartisan issue that will unite folks on the Oversight Committee,” Miller said, noting that he will advocate specifically for Oregon Sen. Ron Wyden’s bill that would empower FDA to regulate cannabinoids while preserving state-level autonomy.
In the meantime, lack of federal guidance has paralyzed investment and decimated business confidence. Once touted as a “green gold rush,” the CBD-led hemp sector has suffered a prolonged crash, with plummeting prices and oversupply crushing small and mid-sized operators.