5 Takeaways from the FDA's consultation on the CBD

After ten hours of testimony of cannabidiol (CBD) from more than 100 stakeholders, two things are clear: The US public has a high desire for CBD products, and for many CBD producers, shoddy goods are being delivered.

On Friday, FDA Commissioner Ned Sharpless kicked off the agency's historic first public hearing on the CBD by noting that "we have seen an explosion of interest for products, including CBD, [but] there is much we don't know." [19659003] That's probably what we know, and many of these facts were sent during the hearing, as Leafly's editors Bruce Barcott, David Downs and Ben Adlin covered, when it happened.

At the end of the day, this is our consensus withdrawal.

1[ads1]. There is too much waste in the CBD market.

One of the most constant topics in today's hearing: The current CBD market is flooded with sketchy players selling junk products. A number of stakeholders offered lab data showing that bottles of "300 mg CBD oil" actually contained 22 mg or no CBD at all.

These are the western days of CBD sales, and a number of companies take advantage of the absence of regulations by pumping crap into the market. They can produce with a deep discount and offer cheaper products than genuine high-grade CBD makers, who must invest in top shelf laboratories and establish good manufacturing practices.

Count on this: A reckoning comes for these bad actors. FDA regulation of CBD is almost certain to contain quality assurance requirements. The question is: Can the good actors be in the company long enough to be saved by that shakeout?

2. Consumers have no way of knowing what is legitimate.

Even those of us who write about this industry daily only know a handful of brands that we personally trust. We, like other consumers, have no way of knowing which brands are legitimate and who peddle snake oil. Or olive oil. Or dextromethorphan.

One of the most constructive comments came from a stakeholder who warned the FDA to regulate, but not too closely. Allow brands to create brands, meaning they can advertise and establish trust markers. That's the whole point of brands.

3. Many people still have no idea what CBD is.

The beneficiaries rose every day to claim their two minutes before the FDA panel and then wasted it by railing against the evil of marijuana. After a while we could spot these Reefer Madness Mollies after a sentence, and that was when those of us who covered the hearing left the room to refill our coffee mugs. A number of parents told heartrending stories of a lost child sprouting on high-THC cannabis. But … CBD is not.

A person even encouraged the FDA to "not reorganize the THC or CBD." OK, first, the FDA does not have the authority to do so. And secondly, we're not here about it. Sigh. The war on drugs can wrap down, but it has not ended.

4. The FDA has serious concerns about side effects.

The FDA wants drugs to work, surely. Agency officials want food to be nutritious. But their first duty is to protect public health. It became evident in today's hearing, as FDA officials often asked stakeholders follow-up questions about side effects, adverse side effects and drug interactions about the CBD. If you have data on these issues, the FDA will hear from you.

5. Anecdotal evidence does not play well on the FDA.

Many of us in the cannabis world have lived through the experience of seeing the thoughts open and the laws changing through the power of personal stories – the parental situation of treating children with Dravet's syndrome with CBD; military veterans who control their PTSD with medical marijuana. These are the powerful stories that moved people, family, relatives and friends, and then lawmakers. These stories changed the laws.

The FDA doesn't work that way. This is an agency based on the principle that policy must be established based on scientific evidence. Time and again, FDA officials asked stakeholders for follow-up certificates, research, studies and data. The audience may be desperate for high quality CBD, but FDA officials are no less desperate for high quality data to help them set the most appropriate regulatory path for the connection.