As previously mentioned, the Committee provides $2,000,000 for research, policy evaluation,
market surveillance, issuance of an enforcement discretion policy, and appropriate regulatory
activities with respect to products under the jurisdiction of the Food and Drug Administration
which contain cannabidiol (CBD) and meet the definition of hemp, as set forth in section 297A
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o). Within 90 days, FDA shall provide
the Committee with a report regarding the Agency’s progress toward obtaining and analyzing
data to help determine a policy of enforcement discretion, and the process in which CBD
meeting the definition of hemp will be evaluated for use in products. Within 120 days, FDA
shall issue a policy of enforcement discretion with regard to certain products containing CBD
meeting the definition of hemp as defined by section 297A of the Agricultural Marketing Act of
1964 (7 U.S.C. 1639). Such enforcement discretion shall be in effect until FDA establishes a
process for stakeholders to notify FDA for use of CBD in products that include safety studies for
intended use per product, and makes a determination about such product. FDA is encouraged to
consider existing and ongoing medical research related to CBD that is being undertaken pursuant
to an Investigation New Drug (IND) application in the development of a regulatory pathway for
CBD in products under the jurisdiction of FDA and to ensure that any future regulatory activity
does not discourage the development of new drugs.