Ask Our Experts: CBD for Import and Export

 

Q: Which authorities and laws govern the international trade of CBD?

By New Frontier Data

A: Like many of the rules surrounding cannabidiol (CBD), regulations governing the import and export of CBD are murky. According to the U.S. Food & Drug Administration (FDA)’s website, if the product is adulterated, misbranded, in violation of section 505 of the FD&C Act, or otherwise subject for prohibition, it will be refused entry to the United States.

The FDA defines adulterated by quality standards, specifically whether “the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practices.”

Misbranded refers to products that are either inaccurately labeled or which make false or misleading claims (i.e., that CBD can cure, treat, or diagnose a medical condition).

Unfortunately, the FDA provides little guidance regarding CBD exports. For companies looking to export CBD products, the best course of action would first be to consult with a legal expert. Secondly, companies should research the rules and regulations of whichever territories they intend for exporting their CBD products to. Until such time that either Congress or the FDA passes clear and unambiguous CBD regulations, questions regarding CBD exports should be directed to both the Drug Enforcement Administration (DEA) and the FDA.

Interested parties can contact the DEA regarding policy interpretation at ODLP@usdoj.gov. For FDA guidance on CBD imports and exports, direct inquiries to CDERImportsExports@fda.hhs.gov.