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FDA Cannabinoid Regulatory Tracker

Every FDA warning letter, GRAS notification, enforcement action, and rule proposal affecting CBD, delta-8 THC, and hemp-derived cannabinoids — curated and analyzed by cannabis attorney Bob Hoban.

All FDA Actions (10)

Petition ResponsehighMarch 20, 2025

FDA Responds to Citizen Petition on Hemp THC Testing: Denies Request for Intoxicant Threshold Rule

Agency declines to issue interim rule but commits to rulemaking process; calls petition issues "meritorious"

FDA responded in March 2025 to a citizen petition filed by a coalition of public health organizations requesting an emergency rule establishing per-serving THC thresholds for hemp products and mandating intoxicant testing beyond delta-9 THC. FDA denied the petition's request for

Delta-8 THCHemp Δ9-THCDelta-10 THCOtherFoodBeverageDietary SupplementRead full analysis →
Public Meeting / RFIhighComment deadline: April 11, 2025February 10, 2025

FDA Opens Docket on Hemp-Derived Vape Products: Request for Information on Safety and Labeling

Agency seeks data on cannabinoid concentrations, additives, and youth access in hemp vapes

In February 2025, FDA published a Request for Information (RFI) and opened a public docket (FDA-2025-N-0142) on hemp-derived vape products. The 90 Fed. Reg. 12847 publication invites comments from manufacturers, retailers, public health researchers, and consumers on safety, label

CBDDelta-8 THCDelta-10 THCHHCVape / InhalableRead full analysis →
Draft GuidancecriticalComment deadline: March 31, 2025January 28, 2025

FDA Publishes Draft Guidance on Cannabidiol in Dietary Supplements: Conditions for Regulatory Discretion

Agency signals limited enforcement for qualifying low-dose CBD products while legislative pathway remains open

In a significant development, FDA published draft guidance in January 2025 outlining conditions under which the agency intends to exercise "regulatory discretion" and refrain from enforcement action against dietary supplements containing CBD. The draft guidance (FDA-2025-D-0445)

CBDDietary SupplementRead full analysis →
Enforcement ActioncriticalNovember 5, 2024

FDA Enforcement Action: Injunction Against Hemp CBD Beverage Manufacturer

Federal court grants injunction halting manufacture and distribution of CBD-infused sodas and sparkling waters

In November 2024, a federal district court granted FDA's request for a permanent injunction against a Colorado-based hemp CBD beverage manufacturer, halting the manufacture, distribution, and sale of CBD-infused sodas and sparkling waters. The injunction follows a multi-year enfo

Guidance DocumentmediumSeptember 30, 2024

FDA-NIH Joint Cannabinoid Research Framework: Priority Areas and Funding Announcement

Agencies announce coordinated research agenda on cannabinoid safety, efficacy, and biomarkers

The FDA and National Institutes of Health (NIDA/NCI) jointly published a cannabinoid research framework in September 2024 identifying priority research areas and announcing coordinated funding through NIDA Notice NOT-DA-24-021. The framework prioritizes safety biomarkers, dose-re

CBDCBGCBNOtherDietary SupplementOtherRead full analysis →
Guidance DocumenthighAugust 12, 2024

FDA Submits Input to HHS Cannabinoid Scheduling Review: CBD Scheduling Recommendation

FDA recommends CBD scheduling review consider reclassification given Epidiolex approval and clinical evidence

As part of the broader HHS review of cannabis scheduling initiated following President Biden's October 2022 directive, FDA submitted a formal input memorandum to HHS in August 2024 specifically addressing the scheduling status of cannabidiol (CBD). FDA's memorandum recommends tha

GRAS NotificationmediumJuly 22, 2024

FDA Accepts GRAS Notice for Hemp Seed Oil and Protein: GN 000809

Hemp seed derivatives — not CBD — achieve GRAS status through accepted notification

The FDA accepted GRAS Notice GN 000809 for hemp seed oil and hemp seed protein in July 2024. The GRAS affirmation applies specifically to hemp seed derivatives — not to CBD or other phytocannabinoids — at specified use levels in food. Key scope limitations: - GRAS status covers

CBDOtherFoodDietary SupplementRead full analysis →
Consumer AlerthighMay 8, 2024

FDA Renews and Expands CBD Consumer Alert: Gaps in Safety Data Persist

Agency reaffirms no CBD food or supplement approvals; calls for congressional action

The FDA renewed and expanded its existing CBD consumer alert in May 2024, reaffirming its position that CBD cannot lawfully be added to food or marketed as a dietary supplement under the FDCA. The updated alert adds new safety data concerns, including hepatotoxicity risks at sust

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Rule ProposalcriticalComment deadline: July 1, 2024April 29, 2024

USDA-FDA Joint Comment Period: Hemp-Derived Intoxicants and Farm Bill Reauthorization

Interagency request for public input on regulating THC isomers and novel hemp cannabinoids

In conjunction with Farm Bill reauthorization negotiations, the USDA and FDA jointly opened a public comment period in April 2024 requesting input on the regulatory treatment of hemp-derived intoxicants — specifically delta-8 THC, delta-9 THC at or below 0.3% by dry weight in the

Delta-8 THCHemp Δ9-THCDelta-10 THCTHCPFoodBeverageDietary SupplementRead full analysis →
Warning LettercriticalMarch 15, 2024

FDA Issues Third Round of Delta-8 THC Warning Letters to Manufacturers and Retailers

FDA targets edibles, vapes, and beverages marketed to children; five companies cited

In March 2024, the FDA issued its third coordinated wave of warning letters targeting manufacturers and retailers of delta-8 THC products. The five cited companies sold products in forms specifically appealing to minors — including gummy bears, rice crispy treats, and vape cartri

Delta-8 THCBeverageFoodVape / InhalableRead full analysis →

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