Bipartisan House Bills Sought Separate Regulatory Paths for Hemp-Derived CBD
Two bipartisan House bills introduced on March 17, 2023, sought to create federal pathways for regulating hemp-derived cannabidiol (CBD) in dietary supplements and food. The proposals came less than two months after the U.S. Food and Drug Administration said existing food and supplement rules were not well suited to CBD and urged Congress to develop a new regulatory framework.
Rep. Morgan Griffith, R-Va., and Rep. Angie Craig, D-Minn., introduced the measures with additional bipartisan support. The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023—H.R. 1629, a successor to the earlier H.R. 841—would have made hemp and hemp-derived CBD lawful for use as dietary ingredients in dietary supplements, subject to the Federal Food, Drug, and Cosmetic Act and FDA oversight.
That approach would have brought CBD supplement manufacturers into the existing dietary-supplement system, including requirements related to safety, labeling and manufacturing practices. The proposal was intended to give businesses a clearer route to market while providing regulators with authority to address contaminated, mislabeled or otherwise noncompliant products.
The second measure, the CBD Product Safety and Standardization Act of 2023—H.R. 1628, following the earlier H.R. 6134—addressed food products rather than dietary supplements. It would have authorized interstate commerce involving food containing hemp-derived CBD and directed the FDA to establish standards covering issues such as safety, quality and labeling.
The bills did not simply implement an FDA decision to approve CBD as a food additive or dietary supplement. Instead, they proposed changing federal law to create legal pathways that the FDA currently said it could not establish through its existing authorities. In a January 26, 2023 statement, the agency said available evidence raised safety concerns—particularly regarding long-term use—and that it did not intend to pursue rulemaking allowing CBD in conventional foods or dietary supplements under the existing frameworks.
The FDA also continues to state that CBD cannot lawfully be added to foods or marketed as a dietary supplement under current federal law. Its consumer guidance on cannabis-derived products outlines the agency’s concerns, including possible drug interactions, effects on the liver and uncertainty about long-term exposure.
Supporters of the legislation argued that the absence of a clear federal pathway had left consumers, farmers and small businesses navigating an inconsistent marketplace. Industry groups, including the U.S. Hemp Roundtable and the National Cannabis Industry Association, welcomed the proposals and said uniform standards could improve product information and quality while giving responsible manufacturers greater certainty.
Both bills were referred to the House Energy and Commerce Committee after their introduction. Their broader significance was that they framed CBD regulation as a congressional policy choice: whether to adapt existing food and supplement systems or create a separate federal structure that addresses the substance’s distinct safety and marketing concerns.
