WHAT HAPPENS TO CBD & HEMP UNDER MCCA?
All cannabis and cannabinoid-based products will be required to get a Schedule VI or Schedule VI-A permit from the Office of Medical Cannabis & Cannabinoid Control (OMC) in coordination with the USDA or state agencies.
Exceptions will include:
“non-cannabinoid containing products derived from the hemp plant, including industrial applications such as hempcrete, textiles, fiber, bioremediation, paper, plastics, fabric, and non-cannabinoid hemp products fit for human and animal consumption applications such as hemp seeds, hulls, hearts, terpenes, non-cannabinoid-hemp seed oil, animal feed, microgreens, leaf juicing, cosmetics, and fragrances” (Hemp products as defined by MCCA) and FDA-approved Cannabinoid Medicines.
Under the MCCA, CBD and other hemp-derived cannabinoids remain available to patients and consumers during the transition to federal oversight. CBD products will still be sold in retail stores but will now be subject to basic federal labeling and safety disclosure requirements.
Labels would include:
- The source of the cannabinoid (e.g., hemp extract)
- A statement noting whether the product has been evaluated for safety by the FDA
- A warning that the product has not been tested for contaminants or adulterants (or a QR code linking to a Certificate of Analysis)
- A batch number for tracking and transparency
These new requirements aim to help patients and consumers make informed choices and increase accountability in the market.
Over the long term, OMC will issue guidance classifying botanical, synthetic or semi-synthetic cannabinoid products into three regulatory pathways:
Schedule VI-A (Over-the-Counter) For products with established safety profiles that can be taken without the supervision of a healthcare provider.
Schedule VI (Controlled Access): This applies to products with established safety profiles for clinical use that require supervision from a healthcare provider.
Schedule VI-B (Under evaluation): Products that have yet to demonstrate a safety profile (not health claims) will be required to do so before being distributed for human consumption. Some products currently in the marketplace may fall into this category.
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