NASHVILLE, Tenn. — Owners of businesses in the hemp and CBD oil industry are worried a memo from the FDA could keep them from buying products from other states.
The memo came out in mid-December and despite the recent passage and signing of the Farm Bill, which makes hemp federally legal, the U.S. Food and Drug Administration maintains they're the only ones who can regulate CBD or Hemp products. The memo also states that those products shouldn't be sold across state lines.
"They're really trying to protect the interests of the drug company, in my opinion," said Joe Kirkpatrick, presidents of the Tennessee Hemp Industry Association. Kirkpatrick said the FDA's issue here is enforcing their claims.
"They don't have a budget for that. And really, if they do, they'd be subject to lawsuits by the industry to sequester their funding," he said.
Experts like Kirkpatrick agree. They don't think the FDA can, or would be successful in litigation resulting from, interrupt established CBD ingestible markets.
Regardless, claims like these can be confusing for business owners and consumers alike.
"You see so many different nuances. Federally and state and county and zoning and all of these things," said Steven Lightfoot, CEO of Atlas Emerson Consulting Group. "You pick your battles. You talk to the right people, you do your due diligence and you provide the public with the best product that you can."
Lightfoot said Tennessee is in a prime position for strong growth in the hemp industry. He said current regulations are helpful to get farmers started.
