Joshua Mandell wrote an Expert Analysis article for Law360 titled, “2020 May Be The Year Of The Great CBD Market Correction,” looking ahead at the probability of the CBD market undergoing change in 2020.
“Although CBD is derived from both the psychoactive variety of the cannabis plant often called marijuana, as well as the non-psychoactive and federally legal variety known as hemp, it is CBD derived from legal hemp that looks to be in for a rough ride.”
“The 2018 Farm Bill brought much-welcomed clarity that hemp and all derivatives, extracts and cannabinoids are legal. Importantly, and key to what lies ahead in 2020, the Farm Bill explicitly recognized the existing and continuing authority of the commissioner of the U.S. Food and Drug Administration ‘to promulgate Federal regulations and guidelines’ related to hemp.”
“Although those regulations may evolve as the results of studies come in, stringent regulations limiting the types of products into which CBD may be added or the allowable dosages of CBD will facilitate the type of enforcement that has been missing in 2019, and which allowed the CBD industry to flourish.”