Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

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This week, the big news is what didn’t happen – the FDA didn’t propose regulations for the use of CBD in food. And then we have two stories about things that haven’t happened yet, but that some people would like to see happen: interstate cannabis commerce and federal re-scheduling. And finally, what were those hobbits smoking in The Lord of the Rings?

CBD REGULATIONS

The Food and Drug Administration (FDA) announced late last week that it would not be regulating the use of CBD in food, diet supplements or animal products.

Today we are announcing that after careful review, the FDA has concluded that a new regulatory pathway for CBD is needed that balances individuals’ desire for access to CBD products with the regulatory oversight needed to manage risks. The agency is prepared to work with Congress on this matter. 

FDA Statement, January 26, 2023

So where does that leave the industry? In the same limbo it’s been in for years. And industry associations are not happy about it. Could Congress pass the sort of legislation the FDA is asking for? Well, maybe. But we’re putting on the cloak of skepticism, since Congress has quite a bit on its plate already.

INTERSTATE COMMERCE

To have interstate commerce or not to have interstate commerce – that is the question the California Department of Cannabis Control is asking the state’s attorney general to answer. Cannabis is legal in California and its neighboring states. But interstate commerce among those states is not legal. Or could it be? If the AG opines that trade amongst legal states would not result in significant legal risk to the state, that would trigger a law Governor Gavin Newsom (D) signed last year allowing such trade. Further bulletins on this issue as events warrant.

RE-SCHEDULING

Rep. Greg Steube (R-FL) introduced legislation recently on many topics. Amongst the bills dealing with medical experiments, professional sports leagues, copyright, big tech, tax law and immigration, there is the Marijuana 1-to-3 Act, which would remove marijuana from Schedule I and put it in Schedule III. Steube introduced this bill twice before – perhaps the third time’s the charm?

AND FINALLY

If you’ve read any of J.R.R. Tolkien’s books about Middle Earth or seen any of the movie adaptations, you’ll know that the hobbits are big fans of smoking. But what exactly is in those pipes? Could it be cannabis?

Stay safe and be well everyone – we’ll see you next week!