By Rep. Griffith, H. Morgan [R-VA-9]

This bill requires the Food and Drug Administration (FDA) to regulate food containing cannabidiol (CBD) derived from hemp as a food additive. (The FDA has determined that food containing added CBD cannot be sold in interstate commerce.)

Under this bill, in order to be sold, a food containing CBD derived from hemp must conform with current FDA requirements pertaining to food additives or be generally recognized as safe (GRAS). (Under current law, a food additive with the GRAS designation is not subject to FDA premarket review and approval requirements.)

In addition, such a food must comply with all other relevant FDA and labeling requirements.

Such a food shall be exempt from an existing provision that prohibits the sale of a food containing an additive that is (1) an FDA-approved drug or biological product, or (2) subject to certain clinical investigations.

The FDA must issue regulations pertaining to such foods that specify (1) the maximum amount of CBD derived from hemp per serving, (2) labeling and packaging requirements, and (3) any conditions for intended use.

by Rep. Morgan Griffith (R-VA) and Rep. Angie Craig (D-MN)

This bill allows the use of hemp, cannabidiol (i.e., CBD) derived from hemp, or any other ingredient derived from hemp in a dietary supplement, provided that the supplement meets other applicable requirements. (Currently, the Food and Drug Administration's position is that CBD products may not be sold as dietary supplements.)

By Rep. Trone, David J. [D-MD-6]

This bill repeals a federal provision barring individuals with certain felony drug-related convictions within the past 10 years from obtaining a license to grow hemp.

Hemp is a variety of Cannabis sativa (the same plant as marijuana) which is grown to produce nonpsychoactive food, beverage, and consumer products. In 2018, Congress legalized hemp production.

By Sen. Wyden, Ron [D-OR]

This bill allows hemp and hemp-derived ingredients to be included in food and dietary supplements.

Current law prohibits, with limited exceptions, the sale of food and dietary supplements that contain an ingredient that is an active ingredient in (1) an approved drug, or (2) a drug for which there have been substantial and publicly known clinical investigations. This bill exempts hemp and hemp-derived ingredients, such as hemp-derived cannabidiol, from this prohibition.

The Food and Drug Administration may establish labeling and packaging requirements for such foods and dietary supplements.

By Sen. Merkley, Jeff [D-OR]

This bill provides protections for federally regulated financial institutions that serve state-sanctioned marijuana businesses. Currently, many financial institutions do not provide services to state-sanctioned marijuana businesses due to the federal classification of marijuana as a Schedule I controlled substance.

Under the bill, a federal banking regulator may not penalize a depository institution for providing banking services to a state-sanctioned marijuana business. For example, regulators may not terminate or limit the deposit or share insurance of a depository institution solely because the institution provides financial services to a state-sanctioned marijuana business.

The bill also prohibits a federal banking regulator from requesting or requiring a depository institution to terminate a deposit account unless (1) there is a valid reason, such as the regulator has cause to believe that the depository institution is engaging in an unsafe or unsound practice; and (2) reputational risk is not the dispositive factor.

Additionally, proceeds from a transaction conducted by a state-sanctioned marijuana business are no longer considered proceeds from unlawful activity. (Financial institutions that handle proceeds from unlawful activity are subject to anti-money laundering laws. Violators of these laws are subject to fines and imprisonment.)

Furthermore, a financial institution, insurer, or federal agency may not be held liable or subject to asset forfeiture under federal law for providing a loan, mortgage, or other financial service to a state-sanctioned marijuana business.