USA Government Responds to Expert Advice on CBD - Hermitage

In 2026, the evolving story of CBD regulation in the United States has entered a new chapter marked by tension between scientific caution, industry pressure, and federal policy shifts. Once thought of as a burgeoning wellness category with minimal oversight, cannabidiol is now at the centre of serious policy debates, and the U.S. government’s responses to expert advice and legislative action reflect the complexity of regulating a substance with both potential health benefits and regulatory uncertainties.

The news that bans on many CBD products loom this year, particularly those containing cannabinoids beyond a narrowly defined federal threshold, has underscored how rapidly the landscape is shifting. By November 2026, federal law is set to place severe restrictions on hemp-derived cannabinoids, potentially sweeping many products off shelves without a clear regulatory framework for safe alternatives.

The Regulatory Backdrop: From Hemp Legalisation to Looming Bans

The story begins with the 2018 federal Farm Bill, which removed hemp (defined as cannabis with no more than 0.3 % THC by dry weight) from the Controlled Substances Act. This opened a wide pathway for products containing CBD gummies, tinctures, oils, topicals and more to enter mainstream retail. But while the plant itself was legalised, the Food and Drug Administration (FDA) retained authority over products containing CBD under the Federal Food, Drug, and Cosmetic Act (FD&C Act).

Unlike ordinary foods and supplements, CBD has remained stuck in regulatory limbo. The FDA has consistently said it cannot be marketed as a dietary supplement or food additive due to statutory restrictions tied to CBD’s presence in an approved pharmaceutical drug (like Epidiolex), and because of unresolved safety concerns, such as potential liver interactions and drug cross-reactions. 

At congressional hearings and expert panels, industry representatives have repeatedly urged federal agencies to create a proper regulatory path so that products like CBD gummies can be safely sold nationwide. A 2023 hearing highlighted how the FDA’s lack of action has “cast a shadow” over the industry, suppressing legitimate businesses while allowing unregulated products to flourish without consistent safety standards. 

A Looming Federal Response: Legislation and Restrictions

Against this backdrop of regulatory uncertainty, lawmakers inserted sweeping hemp restrictions into a government funding bill in late 2025. As part of a broader appropriations package, Congress approved language that dramatically narrows the federal definition of hemp and bans most consumable hemp-derived cannabinoids, including many that accompany CBD in full-spectrum products. These measures restrict allowable THC to tiny quantities per container and treat broader hemp cannabinoids as controlled substances, effectively ending nationwide legality for dozens of familiar products. 

Experts warn this could result in millions of products disappearing from the market by November 2026, everything from tinctures and creams to CBD gummies, unless new rules are adopted. 

This federal push has met mixed reactions. Some lawmakers want to protect consumers from poorly labelled, untested products. Others argue that any ban without a strong safety and regulatory plan will devastate a legitimate industry and drive consumers to illicit markets. The U.S. Hemp Roundtable and industry leaders have emphasised that a comprehensive federal regulatory structure would be a better alternative than outright prohibition, anchoring their arguments in scientific data and economic impact.

Emerging Legislation: The HEMP Act and Regulatory Pathways

In early 2026, bipartisan lawmakers introduced the Hemp Enforcement, Modernisation, and Protection (HEMP) Act, proposing a structured CBD regulatory pathway. This legislation would require the FDA to establish milligram limits and labelling standards for hemp-derived products. Notable features include automatic statutory limits (e.g., 5 mg per serving and 30 mg per package) if the agency fails to finalise comprehensive rules within a set timeline. 

Proponents of the HEMP Act argue that a clear legal framework would bring safety, stability and consumer confidence to a market that currently operates under patchwork state laws and federal ambiguity. Particularly for products like CBD gummies, this could mean manufacturers have explicit guidelines on composition, safety testing, and permissible marketing claims, a contrast to the current uncertainty. 

Conversely, critics say that without rigorous scientific data on long-term effects and appropriate dosage, even a structured regulatory scheme might be premature. They emphasise that consumer safety, especially regarding cumulative exposure, vulnerable populations, and drug interactions, must be at the centre of any federal response.

Balancing Expert Advice with Consumer Demand

Amidst these debates, expert advice on CBD safety continues to evolve. The FDA acknowledges concerns about unregulated uses and unknown thresholds for potential adverse effects. Historical studies have pointed to issues like mislabeled products and inconsistent CBD content, raising the bar for federal regulators to justify broad consumer access without safeguards. 

Public health experts stress that CBD products, including CBD gummies, oils, and capsules, cannot be treated like typical dietary supplements without rigorous oversight. They advocate for evidence-based policies that ensure accurate labelling, contaminant testing, dose guidance and robust consumer education. Thoughtful regulation, they argue, could preserve access while protecting public health and fostering legitimate commerce.

What Federal Response Might Look Like

Looking forward, it’s clear that the U.S. government’s approach to CBD is at a crossroads. If current federal restrictions take effect without a solid regulatory alternative, many familiar products could vanish from mainstream shelves. But legislative efforts such as the HEMP Act represent an effort to respond directly to expert advice, pushing toward a federal framework that balances safety with the desire to maintain consumer choice.

For consumers, producers, and policymakers alike, the next year will be critical. Will the FDA and Congress collaborate to establish a coherent, science-based regulatory structure? Will interim measures protect public health without severing access to products that millions of Americans have come to trust? Or will the absence of timely rules usher in a period of confusion, fragmented state regulations, and economic disruption?

Federal regulators and lawmakers appear to be listening to expert voices, but how they translate that advice into policy, enforcement and standards will determine the future of CBD in the United States. The challenge is not simply about banning or allowing products; it’s about creating a regulatory environment where science, safety, and innovation can coexist.