The FDA’s Stance on CBD: Why Federal Clarity is Still Missing and How to Push for It?

The topic of Cannabidiol (CBD) is creating headlines across the U.S. It is because of the recent Federal Hemp regulation law that has brought THC into the spotlight, the psychoactive component in marijuana (cannabis). CBD is the component of cannabis that generally doesn’t cause a high.

It has been a decade since the 2018 Farm Bill legalized hemp and its related products; the U.S. Food and Drug Administration (FDA) still has to make a clear regulatory framework for CBD products. The recent coming of marijuana and its derivatives is dragging other topics that have been left alone without a proper system for too long. Namely, the Cannaboid component!

Let’s explore this unique theme: the current FDA’s stance on CBD and why there is still a lack of clarity. Furthermore, how can consumers and producers alike push the FDA for a more solid stand on CBD?

The FDA’s Previous Position on CBD

At the federal level, since the beginning, CBD has occupied a regulatory gray zone. The FDA allowed CBD approval after multiple research studies and under very strict conditions. What most people don’t know is that Cannabidiol (CBD) is not typically approved by the Food and Drug Administration (FDA) for general consumer use.

So, if you find CBD products in stores and online, these are not mostly FDA-approved regarding safety or quality. These can be oils, edibles, and topicals. Remember! The FDA disapproves of food, beverages, or dietary supplements containing added CBD in interstate commerce.

Single Approval Of Epidiolex

Only a single oral solution containing cannabidiol has received approval from the FDA. This prescription medication is called Epidiolex. It is used to treat seizures in patients. The manufacturer provided ample evidence from clinical trials clearly exhibiting the drug’s safety and effectiveness.

This approval, while monumental for clinical use, also complicates the FDA’s ability to regulate consumer CBD products. CBD can’t be marketed as a dietary supplement.

Regulatory Gaps

In 2023, the FDA released an official statement declaring the existing regulatory frameworks for foods and supplements inappropriate for CBD. The concerns were mainly about safety matters such as potential liver damage, drug interactions, and lack of data for the long run. Thus, the FDA refused petitions to allow CBD in dietary supplements. Some states set up their CBD rules and regulations, while others completely ignored them.

The FDA’s Current Position on CBD

President Trump is repeatedly changing the world of hemp and CBD by issuing new decrees. First, the Hemp Farmer Regulation was issued on 12 November 2025; the latest news is from 18 December 2025. 

In a breakthrough executive order, President Trump, according to the Guardian, has allowed research on marijuana for legitimate medical uses. This stops short of outright legalizing hemp and its related items, including CBD.

The order will prompt a pilot program that reimburses Medicare patients for products containing CBD. The White House will also work with Congress to expand access to appropriate full-spectrum CBD products while restricting products that pose serious health risks.

Why Federal Clarity Is Still Missing

Need for New Legislation

The FDA keeps saying that there is a need for a new, specific regulatory pathway for CBD products. The previous approval of a CBD drug separates it from being put in the food and supplements categories, regulation-wise. The FDA wishes to work closely with Congress for a coordinated new regulation establishment.

Data Gaps

The agency is still wary of blindly allowing the approval of CBD consumer products. Without sufficient data, the agency claims it cannot establish appropriate dosage limits or even safety standards. There is still a great need for more comprehensive scientific information regarding the risks and benefits of CBD in consumer products.

Political Uncertainty

CBD is currently the hot potato between lawmakers, industrialists, and political parties in the U.S. Each has its own concerns and interests. The FDA’s mandate to protect public health often clashes with state-level legalization policies.

The most notable being the reclassification of marijuana (including CBD) from Schedule I to Schedule III. It still leaves room for creating new CBD rules, opening up new research possibilities.

How to Push for A Solid CBD Stance?

• Ask For Congressional Action - Only new legislation can set a clear path for CBD. Thus, it is important to advocate for congressional action regarding CBD in food and supplements across the U.S. Congress needs to collaborate with the FDA to mutually agree on a wholesome set of CBD regulations.

• Share Data With The FDA- The FDA encourages consumers and industry members alike to provide safety data and any feedback regarding cannabis products. Such solid science-based data collection can make things easy for the policymakers at the agency level, paving the way for a possible new CBD regulation.

• Support Further Research - Funding more high-quality clinical studies on the effects of CBD will enlighten the FDA by providing science-backed information. It will ultimately result in a sound, science-based policy.

• Promote Self-Regulation - Although the FDA has not set clear CBD rules, industry runners should promote quality by following the high standards of production, such as the current Good Manufacturing Practices (cGMP). Going for third-party testing can also help showcase the manufacturers’ self-regulation and build consumer trust.  

In Conclusion

There has been ongoing tension between states and the Federal governing agency when it comes to hemp-related product management and sale. The U.S. Food and Drug Administration (FDA) needs to establish a workable legal pathway for everyday CBD products.

The recent federal actions — from marijuana rescheduling to closing down Hemp stores selling unsafe cannabis/ CBD products across U.S. states— offer new momentum. But with continuous changes in the Federal laws regarding CBD, the situation remains unpredictable for growers, industry runners, sellers, and consumers alike.

A clear-cut CBD regulation can only become a true reality if a collaborative effort exists among lawmakers, researchers, and producers. States must also obey the Federal agency’s authority when it comes to the sensitive matter of CBD products and not clash with the official directive.