CBD Product Regulation: States to Watch in 2021
By Michelle Bodian
Feb 10, 2021
With state legislative sessions in full swing, plenty of hemp and CBD bills have been filed across the country. While many of the filed bills are exciting the industry, patience is required while those bills work their way through the legislative process.
In the meantime, some states have pending regulations that could affect hemp-derived CBD products. These pending regulations run the gamut from explicitly allowing new types of CBD products, to requiring retailer registrations, to requiring new testing and labeling standards. Each state is at a different stage of the regulatory process, so effective timelines for these regulations vary. Read on to learn the who, what, when, and “why care?” for the nine states with pending CBD product regulations.
Colorado
Who: Colorado Department of Public Health and Environment
What: Colorado Wholesale Food, Industrial Hemp, and Shellfish Regulations
When: The draft regulations have completed the stakeholder process, but they have not yet been submitted to the Secretary of State to begin the final rulemaking process. A public hearing on the regulations is expected sometime in February 2021.
Why Care: These regulations would establish labeling and testing requirements for CBD products produced and/or sold in Colorado.
Florida
Who: Florida Department of Agriculture and Consumer Services
What: Hemp Extract Intended for Inhalation Regulations
When: Currently being reviewed by the Office of the General Counsel
Why Care: These regulations would establish testing and labeling requirements for hemp extract intended for inhalation.
Hawaii
Who: Hawaii Department of Health (DOH)
What: Hemp products regulations [title to be determined]
When: Draft regulations have not been released.
Why Care: Hawaii passed a hemp law in August 2020 that directs the Hawaii DOH to issue labeling, testing, and inspection regulations for hemp products produced and/or sold in Hawaii.
Iowa
Who: Iowa Department of Inspections and Appeals (DIA)
What: Consumable Hemp Products Regulations
When: Rules have been finalized and filed. Registration for consumable hemp products is estimated to be available in March 2021.
Why Care: The rules establish packaging, labeling, and testing requirements for “consumable hemp products” and require retailers of consumable hemp products to register with the Iowa DIA.
Kentucky
Who: Cabinet for Health and Family Services, Department for Public Health, Division of Public Health Protection and Safety
What: Hemp-Derived Cannabidiol Products and Labeling Requirements
When: The public comment period closed on December 31, 2020.
Why Care: In addition to establishing label requirements, those who manufacture, market, sell, or distribute CBD products would be required to obtain a permit to operate a food plant or cosmetic manufacturing plant.
Nevada
Who: Nevada Department of Health and Human Services
What: A Regulation Related to Hemp
When: The regulations are still in draft form and additional process delays are expected due to COVID-19.
Why Care: These regulations would establish testing and labeling requirements for hemp-derived products produced and/or sold in Nevada.
New York
Who: New York Department of Health
What: Cannabinoid Hemp Regulations
When: The draft regulations comment period closed on January 11, 2020.
Why Care: The regulations would establish licensure, application, and operational requirements for cannabinoid hemp processors (extraction and manufacturing) in New York; outline the cannabinoid hemp product retail requirements, packaging and labeling requirements, and laboratory testing requirements; and establish advertising requirements for cannabinoid hemp processors and retailers.
Rhode Island
Who: Rhode Island Department of Business Regulation (DBR)
What: CBD Regulations [title to be determined]
When: As of December 2020, DBR did not have a timeline for the release of draft regulations. Once released, the regulations must go through a public comment period. The process is expected to take several months.
Why Care: Rhode Island law requires that the DBR develop rules establishing distributor and retailer licenses.
Virginia
Who: Virginia Department of Agriculture and Consumer Services (VDACS)
What: CBD Regulations [title to be determined]
When: Draft regulations are not yet released.
Why Care: Virginia law requires VDACS to develop regulations regarding CBD product testing and labeling.
Vicente Sederberg will continue to monitor these CBD regulations. Please contact our hemp team for guidance.