INSIGHTS ON THE CANNABIS INDUSTRY FROM REGULATORY BARRISTER MATTHEW (MATT) LAWSON
Matthew (Matt) Lawson, a UK Regulatory Barrister has penned a series of discussion pieces under the rubric “Insights on the Cannabis Industry”.
In Part 1 of Insight into the Industry: Cannabis Industry Regulation, barrister Matthew (Matt) Lawson looked at the Canadian Regulatory Framework. In Part 2 he looked at the US regulatory position relating to adult-use and medicinal cannabis. In this Part 3 barrister Matthew (Matt) Lawson looks at the US Regulatory Framework in respect of CBD.
The 2018 Farm Bill made the production, possession and sale of hemp-derived CBD, containing less than 0.3% of THC, federally legal in the US and the FDA was granted the ability to regulate CBD’s labelling, therapeutic claims and presence in food and beverages. Currently the FDA holds the stance that CBD may not be added to food or beverages or marketed as a supplement.
Although federally CBD infused foods and supplement products are illegal, it is within the individual state’s discretion whether to adopt the ruling or not, which has led some states, like Colorado, Alaska and Oregon, to legalise the purchase, production and consumption of CBD infused products.
In Colorado the State Health Department’s Hemp Programme regulates and inspects all hemp-derived CBD manufacturing operations including extraction, processing and the relabelling of all industrial hemp-containing food, supplements and cosmetic products. Businesses must be registered to the CDPHE before their manufacturing process commences:
- They must obtain necessary local licences, ensure all types of industrial hemp products and packaging requirements are met and have all applicable documentation;
- They are obliged to maintain operational separation from any cannabis related facility, including entrances and exits to hinder any contamination;
- All finished products must use ingredients that are approved and extracts have to be fully traceable with labels including; batch numbers, date of manufacture and expiration;
- In addition, extractors have to ensure that no ingredient is spoiled, vermin infested or adulterated;
- For CBD extracts to be used as an ingredient in food, cosmetics, or as an additive or supplement, the manufacturer must demonstrate its purity and potency through testing which has to be approved by a certified laboratory that holds a Hemp Testing Laboratory Certification;
- For the extract to be approved as an ingredient it has to hold a THC concentration of no more than 0.3%, be free from a list of unapproved pesticides, heavy metals, residual solvents, mycotoxins and microbials.
Matthew (Matt) Lawson is a UK Barrister who has advised Governments and Corporations for over 25 years in respect of human impactors – Food & Ingestibles, Medicines, Medical Devices and inhalation mediums. He provides worldwide Cannabis advice to clients who stem from Governments, to some of the largest multinational CPG corporations, to pharmaceutical giants, through to niche pre-IPO Start-Ups in the CPG and medical fields.