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Hemp “will [now] be an agricultural commodity,” like wheat or oranges, Miller says. “It does not impact marijuana-derived CBD.”

And the FDA would still have authority over hemp products used as food, says Todd Harrison, an attorney and chairman of the Venable LLP law firm’s FDA group in Washington, D.C.

And November’s midterm elections, along with action by Congress late in 2018 to legalize hemp in the Farm Bill, brought even more changes to the landscape. Hemp is a variety of the cannabis plant with a negligible amount of the high-producing THC found in marijuiana.

What About CBD Products?

The provision in the new Farm Bill, he says, clarifies “the legality of hemp-derived CBD.”

Jan. 8, 2019 — As the legalized cannabis industry in the United States grows with nearly every election, consumers interested in these products have more and more options. But they might also have more questions, given the different sources of the products, the difference in federal and state laws, and the difference between those that make you high and those that don’t.

CBD products are often marketed as anti-inflammatories and pain relievers that can also help with insomnia and anxiety. Some strains of CBD are popular with parents of children with severe epilepsy.

Within days of the Farm Bill becoming law, the FDA issued a statement saying any hemp-based CBD product that is marketed as having therapeutic benefits or as a dietary supplement is illegal to sell unless the FDA has reviewed and approved it. Opening the marketplace, it seems, also opened the products to regulatory oversight.