October 30, 2018

Division of Dockets Management

Food and Drug Administration

630 Fishers Ln, Rm 1061

Rockville MD 20582

Re: Docket No. FDA-2018-N-3685, 83 Fed. Reg. 50938 (October 10, 2018); International

Drug Scheduling; Convention on Psychotropic Substances; Single Convention on

Narcotic Drugs; ADB-FUBINACA; ADB-CHIMINACA; Cyclopropyl Fentanyl;

Methoxyacetyl Fetanyl; para-Fluoro Butyrfentanyl; Tramadol; Pregabalin; Cannabis

Plant and Resin; and Eight Additional Substances; Request for Comments

To Whom It May Concern:

The U.S. Hemp Roundtable appreciates the opportunity to provide comments to the

Food and Drug Administration (“FDA”) concerning the abuse potential, actual abuse, medical

usefulness, trafficking, and impact of scheduling changes on availability for the medical use of

certain drug substances including cannabis and cannabis-related substances, which will be

used by FDA to prepare a response to the World Health Organization (“WHO”) as WHO

considers whether to recommend international restrictions for these substances. The comments

herein are specific to Cannabidiol (“CBD”) derived from hemp and are intended to emphasize

many of the points outlined in our previous comments to FDA on this matter, which are

attached for your reference.

The U.S. Hemp Roundtable is the hemp industry’s national business association that

represents over fifty firms from across the country – at each link of the hemp supply and sales

chain – and includes the membership of all of the industry’s major national grassroots

organizations. As stated in our previous comments, we again strongly urge FDA to

recommend against the scheduling of hemp-derived CBD as an internationally controlled

substance. CBD, whether derived from hemp or marijuana, is safe, has several health benefits,

and does not meet the criteria to be a controlled substance. As discussed further below,

WHO’s Expert Committee on Drug Dependence (“ECDD”) recommended against the

international scheduling of pure CBD preparations at its June 2018 meeting.1 In addition,

1 World Health Organization, CANNABIDIOL (CBD) Critical Review Report, Expert Committee on Drug

Dependence, Fortieth Meeting, Geneva, 4-7 June 2018 (“WHO CBD Critical Review”), available at

http://www.who.int/medicines/access/controlled-substances/WHOCBDReportMay2018-2.pdf?ua=1.

Board of Directors

Alliance One International

American Shaman

Ananda Hemp

Barlean’s

Bluebird Botanicals

CV Sciences

CW Hemp

Elixinol

GenCanna Global

Isodiol

Koi CBD

Lazarus Naturals

MetaCan

Presence Marketing

Real Hemp

Van Dyke Holdings

Village Farms

Williams Ranch Company

Zilis

Members

Abacus Health Products

AgTech Scientific

American Herbal Products Association

Anavii Market

Atalo

Atlas St. Ventures

Botanacor Services

Canna-Pet

Cream

Criticality

ECS Distribution

Elemental Processing

Eurofins

Eurofins Food Integrity and Innovation

Gotham Green Partners

Green Wellness Life

Harrod’s Creek Farm

Hempure

Hemp Industries Association

Hemp Today

Irwin Naturals

Kettner Investments, LLC

Medterra

MHR Brands

National Hemp Association

Nature’s Gem

North American Industrial Hemp Council

Pinnacle CBD

QC Infusion

S&H Hemp

Unique Food Works

ValidCare

Virginia Industrial Hemp Coalition

Vote Hemp

VYBES

Zelios

FDA’s recent scheduling recommendation to the Drug Enforcement Administration (“DEA”) regarding

Epidiolex further confirms the low abuse and dependence potential, safety, and health benefits of CBD, which

we believe is applicable to hemp-derived CBD. We also request that FDA recommend against the scheduling

of other low THC cannabis extracts. There is emerging scientific evidence suggesting that cannabinoids other

than CBD provide health benefits, and formulations with low or zero THC lack psychoactive properties and

have low abuse and dependence potential, similar to CBD.

Hemp-Derived CBD is Permissible Dietary Ingredient and Not Controlled Substance

As noted in our previous comments, hemp-derived CBD is a permissible dietary ingredient under the

Federal Food, Drug, and Cosmetic Act (“FD&CA”) because it falls under subsection (E) as a dietary substance

for use by man to supplement the diet by increasing the total dietary intake, and/or subsection (F) as an extract

of the botanical plant Cannabis sativa L.2 Further, one of the many health benefits of CBD is its ability to

supplement the body’s endocannabinoid system.3

Although FDA has taken the position that dietary supplements and food are precluded from containing

CBD due to the clinical investigations and subsequent approval of Epidiolex, the Roundtable disagrees with the

agency’s position.4 Under Sections 201(ff)(3)(B)(i) and (ii) of the FD&CA, if a substance is an active ingredient

in a drug product that has been approved by FDA, or has been authorized for investigation as a new drug for

which substantial clinical investigations have been instituted and for which the existence of such investigations

has been made public, then the substance is not permitted for use in dietary supplements – unless the article was

previously marketed as a dietary supplement or as a food.5 However, we contend that CBD does not fall under

this preclusion because the clinical trials on CBD were extremely limited in scope and funding, and publication

of these trials was also limited. In addition, we believe there is evidence that CBD was marketed as a food prior

to the drug approval and the institution of substantial clinical investigations involving Epidiolex. For these

reasons, it is our position that CBD is a permissible dietary ingredient under the FD&CA.

With regard to the status of hemp-derived CBD under the Controlled Substances Act (“CSA”), hemp-

derived CBD sourced from either the excluded portions of the Cannabis Sativa L. plant,6 or from industrial

hemp cultivated under the 2014 Farm Bill and below 0.3% THC, is not a controlled substance and not subject

2 “Dietary supplement” means as a product intended to supplement the diet that contains one or more of the following dietary

ingredients: (A) a vitamin; (B) a mineral; (C) an herb or other botanical; (D)an amino acid; (E)a dietary substance for use by man to

supplement the diet by increasing the total dietary intake; or (F) a concentrate, metabolite, constituent, extract, or combination of any

ingredient described in clause (A) through (E). 21 U.S.C. § 321(ff)(1). 3 See, e.g., Mechoulam R, Parker LA. The endocannabinoid system and the brain. Annu Rev Psychol. 2013;64:21-47. 4 FDA, Warning Letters and Test Results for Cannabidiol-Related Products (last updated Nov. 2, 2017), available at

https://www.fda.gov/NewsEvents/PublicHealthFocus/ucm484109.htm; see also s, FDA and Marijuana: Questions and Answers (last

updated June 25, 2018), https://www.fda.gov/NewsEvents/PublicHealthFocus/ucm421168.htm#dietary_supplements. 5 21 USC §§ 321(ff)(3)(B)(i) and (ii). 6 The definition of “marihuana” includes “all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin

extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its

seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the

seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin

extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. (emphasis added) 21

U.S.C. § 802(16).

to the CSA.7 This interpretation of the CSA is also supported by the United States Court of Appeals for the

Ninth Circuit.8 And as FDA is likely aware, the U.S. Congress is currently considering legislation that would

amend the CSA and permanently remove all parts of the hemp plant from the definition of “marihuana.”9

FDA Agrees that CBD Should Not be a Controlled Substance

Regardless of the source material, i.e., whether CBD is derived from an exempted plant part or industrial

hemp, CBD does not meet the qualifications for scheduling under the CSA. In its scheduling recommendation

to DEA regarding Epidiolex, FDA concluded that CBD and its salts “do not have a significant potential for

abuse and could be removed from control under the CSA.”10 After a thorough scientific review and analysis,

FDA found that:

“There is little indication that CBD has abuse potential or presents a significant risk to the public

health.”

“No evidence for a classic drug withdrawal syndrome for CBD, and no evidence that CBD causes

physical or psychic dependence.”

“CBD does not appear to have abuse potential under the CSA.”

“There is no signal for the development of substance use disorder in individuals consuming CBD-

containing products.”

“It is unlikely that CBD would act as an immediate precursor to THC for abuse purposes.”

Of note, after being advised by the DEA that federally de-scheduling CBD altogether would violate

international treaty obligations, FDA recommended that CBD be placed in the least restrictive category,

Schedule V. However, FDA further stated that CBD could be de-scheduled in the future if its treaty obligations

no longer require control of CBD. A recent report from WHO’s ECDD reaches many of the same conclusions

and also recommends against international scheduling of CBD.

WHO Critical Review Report of CBD Recommends Against Scheduling

Following the 40th meeting of WHO’s ECDD in June 2018, the committee recommended that

preparations considered to be pure CBD not be placed under international drug control, as the substance was

not found to have psychoactive properties and presents no potential for abuse or dependence.11 Specifically, the

committee’s critical review report concluded that CBD does not demonstrate any abuse or dependence

7 Section 7606 of the Agricultural Act of 2014 defines “industrial hemp” as the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. 7

U.S.C. § 5940(b)(2). 8 Hemp Industries Assn. v. Drug Enforcement Admin., 333 F.3d 1082, 1085 (9th Cir. 2003); Hemp Industries Assn. v. Drug

Enforcement Admin., 357 F.3d 1012 (9th Cir. 2004). 9 H.R.2 - Agriculture Improvement Act of 2018, 115th Congress, available at https://www.congress.gov/bill/115th-congress/house-

bill/2/text. 10 Letter from Brett P. Giroir, MD, Assistant Secretary for Health, Department of Health and Human Services to Robert W. Patterson,

Acting Administrator, Drug Enforcement Administration (May 16, 2018) (“HHS Letter to DEA”), available at

https://www.votehemp.com/wp-content/uploads/2018/10/HHS-FDA-recommendation-DEA-CBD-2018-0014-0002.pdf. 11 WHO, Q&A: WHO Expert Committee on Drug Dependence review of cannabis (August 2018), available at

http://www.who.int/medicines/access/controlled-substances/Cannabis_Review_QA_26July2018.pdf?ua=1.

potential, and that emerging evidence suggests that CBD may be useful for a number of other conditions.12 The

report also found that CBD is well tolerated and safe, with no evidence of recreational use or any public health-

related problems associated with the use of pure CBD.13

While the report references “pure CBD” formulations such as Epidiolex, its conclusions are equally

applicable to hemp-derived CBD. Most hemp-derived CBD products contain zero, or only a negligible amount

of THC, the psychoactive component of cannabis, and therefore hemp-derived CBD products do not produce a

“high” or the intoxicating effects associated with THC. Likewise, it does not have the potential for abuse or

dependence, and there is no potential for diversion.

CBD is Safe, Beneficial to Health, and Important for the Economy

As described above and detailed in the attached comments, studies have consistently demonstrated that

hemp-derived CBD is safe with little or no side effects, even at high dosages.14 In addition, a growing body of

scientific research demonstrates CBD’s potential benefits for a wide range of health conditions, including mild,

self-treating conditions in otherwise healthy people.15 Given CBD’s potential to improve public health,

international scheduling would serve as an impediment to further scientific research into the benefits for both

healthy and non-healthy populations.

Finally, removing CBD from international scheduling would also encourage the international trade,

manufacture, and availability of hemp-derived CBD products in the U.S. For U.S. growers of hemp,

improperly scheduling CBD would create unnecessary obstacles and would also slow the development and

marketing of hemp-derived CBD products in the U.S., which we believe to be a significant contributor to the

economy.

* * *

In closing, given that both FDA and WHO have recognized the safety, health benefits, and lack of abuse

potential regarding CBD, we once again urge FDA to recommend against the scheduling of CBD, including

hemp-derived CBD, in its evaluation to WHO. In addition, FDA should also recommend against the

scheduling of other low THC cannabis extracts given their promising health benefits and low abuse and

dependence potential.

Thank you for the opportunity to comment on this matter, and we would be happy to answer any

questions or discuss our comments with the agency in more detail.

12 WHO CBD Critical Review at 5. 13 Id. 14 See, e.g., Machado Bergamaschi, M., et al., Safety and side effects of cannabidiol, a Cannabis sativa constituent. Current drug safety, 2011. 6(4): p. 237-249; Iffland, K. and F. Grotenhermen, An Update on Safety and Side Effects of Cannabidiol: A Review of

Clinical Data and Relevant Animal Studies. Cannabis and Cannabinoid Research, 2017. 2(1): p. 139-154; Cunha J, Carlini EA, Pereira

AE, et al. Chronic administration of cannabidiol to healthy volunteers and epileptic patients. Pharmacology. 1980;21:175– 185. 15 See, e.g., Pisanti, S., et al., Cannabidiol: State of the art and new challenges for therapeutic applications. Pharmacol Ther, 2017. 175:

p. 133-150; Izzo, A. A., Borrelli, F., Capasso, R., Di, Marzo, V and others. (2009). Non-psychotropic plant cannabinoids: new

therapeutic opportunities from an ancient herb. Trends Pharmacol.Sci. 30: 515-527.

Respectfully submitted,

Directors of the U.S. Hemp Roundtable:

Brian Furnish, President, Ananda Hemp, Cynthiana, KY

George Blankenbaker, Vice President, Real Hemp, Indianapolis, IN

Steve Bevan, Secretary, GenCanna Global, Winchester, KY

Josh Hendrix, Treasurer, CV Sciences, San Diego, CA

Brandon Beatty, Bluebird Botanicals, Broomfield, CO

Brent Brunner, Koi CBD, Norwalk, CA

Graham Carlson, CW Hemp, Boulder, CO

Christian Cypher, Alliance One International, Raleigh, NC

Mike DeGiglio, Village Farms, Fort Davis, TX

Gabriel Ettenson, Elixinol, Broomfield, CO

Ola Lessard, Barlean’s, Ferndale, WA

Tracy Miedema, Presence Marketing, Seattle, WA

Jason Mitchell, MetaCan, Roswell, GA

Vince Sanders, American Shaman, Mission, KS

Satinder Singh, Isodiol, San Diego, CA

Scott Sozio, Van Dyke Holdings, Orlando, FL

Dylan Summers, Lazarus Naturals, Portland, OR

Steven Thompson, Zilis, Plano, TX

Jeff Williams, Williams Ranch Company, Fort Stockton, TX

Counsel to the U.S. Hemp Roundtable:

Jonathan Miller, General Counsel, Frost Brown Todd, Lexington, KY

Rend Al-Mondhiry, Senior Counsel, Amin Talati Upadhye, Washington, DC

Enclosure

April 23, 2018

Division of Dockets Management

Food and Drug Administration

5630 Fishers Ln, Rm 1061

Rockville MD 20582

Re: Docket No. FDA-2018-N-1072-0001, 83 Fed. Reg. 15155 (April 9, 2018);

International Drug Scheduling; Convention on Psychotropic Substances; Single

Convention on Narcotic Drugs; Cannabis Plant and Resin; Extracts and

Tinctures of Cannabis; Delta-9-Tetrahydrocannabinol; Stereoisomers of

Tetrahydrocannabinol; Cannabidiol; Request for Comments

To Whom It May Concern:

The U.S. Hemp Roundtable appreciates the opportunity to provide comments to the

Food and Drug Administration (“FDA”) on the use of cannabis and cannabis-related

substances, which will be used by the FDA to prepare a scientific and medical

evaluation in response to the World Health Organization’s (“WHO”) request for

comments for its upcoming 40th Expert Committee on Drug Dependence (“ECDD”).

Specifically, the FDA is requesting comments concerning the abuse potential, actual

abuse, medical usefulness, trafficking, and impact of scheduling changes on

availability for medical use of the following substances: Cannabis plant and resin;

Extracts and tinctures of cannabis; Delta -9-Tetrahydrocannabinol (“THC”);

Stereoisomers of THC; Cannabidiol (“CBD”). WHO intends to use this information

to consider whether to recommend certain international restrictions for these

substances.

The U.S. Hemp Roundtable is the hemp industry’s national business association that

represents over thirty firms from across the country – at each link of the hemp supply

and sales chain – and includes the ex officio membership of the industry’s major

grassroots organizations. Although our comments include some discussion of the

safety and efficacy of CBD generally, our comments are intended to focus primarily

on hemp-derived CBD and its legality.

We write to strongly urge FDA to recommend against the scheduling of hemp-

derived CBD as an internationally controlled substance. As explained below, CBD

Board of Directors

Alliance One International

American Shaman

Ananda Hemp

Bluebird Botanicals

CV Sciences

CW Hemp

Elixinol

GenCanna Global

Isodiol

Real Hemp

Williams Ranch Company

Zilis

Members

AgTech Scientific

American Herbal Products

Association

Anavii Market

Atalo

Elemental Processing

General Hemp

Gotham Green Partners

Harrod’s Creek Farm

Hempure

Hemp Industries Association

Hemp Today

Irwin Naturals

MHR Brands

National Hemp Association

North American Industrial

Hemp Council

S&H Hemp

Unique Food Works

Virginia Industrial Hemp

Coalition

Vote Hemp

Page 2 of 9

derived from hemp is not a controlled substance and has many medicinal and non-medicinal uses. We further

urge FDA to include in its evaluation the evidence demonstrating the low abuse and dependence potential,

safety, and health benefits of hemp-derived CBD – all of which were recognized by WHO in its recent report on

CBD and have been confirmed by the totality of scientific evidence on CBD.1

Hemp-Derived CBD is Not Controlled as a Schedule I Substance Under the CSA

Although the Drug Enforcement Agency (“DEA”) has listed both “Tetrahydrocannabinol” (“THC”) and

“Marihuana” as Schedule I controlled substances under the Controlled Substances Act (“CSA”), hemp-derived

CBD does not fall under the CSA.

The CSA expressly excludes various portions of the Cannabis sativa L. plant and defines "marihuana" as

follows:

[A]ll parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted

from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation

of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber

produced from such stalks, oil or cake made from the seeds of such plant, any other compound,

manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted

therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.2

(emphasis added)

This interpretation of the CSA is also supported by two cases decided by the United States Court of Appeals for

the Ninth Circuit.3 Thus, while CBD found in marijuana is currently considered a Schedule I controlled

substance, CBD derived from source material other than marijuana would not fall under the CSA. Therefore,

CBD derived from industrial hemp and CBD found anywhere else in nature (i.e., flax seeds)4 are not subject to

the CSA.

In addition, Section 7606 of the Agricultural Act of 20145 defines “‘industrial hemp’’ as the plant Cannabis

sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol

concentration of not more than 0.3 percent on a dry weight basis. Section 7606 also permits the growth,

cultivation, and marketing of industrial hemp by states with an Industrial Hemp Research Pilot Program or via

an institution of higher education. Furthermore, industrial hemp that is grown and distributed pursuant to

Section 7606 is specifically exempted from the CSA. This law permits the use of any part of such plant, and

therefore hemp-derived CBD falls under this definition so long as it meets the 0.3 concentration limit for THC.

Hemp-Derived CBD Meets FDA’s Definition of “Dietary Ingredient”

1 CANNABIDIOL (CBD) Pre-Review Report, Agenda Item 5.2, Expert Committee on Drug Dependence

Thirty-ninth Meeting Geneva, 6-10 November 2017 (“WHO CBD Report”), available at:

http://www.who.int/medicines/access/controlled-substances/5.2_CBD.pdf. 2 21 U.S.C. § 802(16). 3 Hemp Industries Assn. v. Drug Enforcement Admin., 333 F.3d 1082, 1085 (9th Cir. 2003); Hemp Industries Assn. v. Drug

Enforcement Admin., 357 F.3d 1012 (9th Cir. 2004). 4 https://www.ncbi.nlm.nih.gov/pubmed/22706678. 5 https://hempsupporter.com/wp-content/uploads/2018/02/2014-Famr-Bill-7606.pdf.

Page 3 of 9

With regard to the FDA’s regulation of hemp-derived CBD, the Federal Food, Drug, and Cosmetic Act

(“FD&CA”) defines a dietary supplement in Section 201(ff) as a product intended to supplement the diet that

contains one or more of the following “dietary ingredients”:

(A) a vitamin;

(B) a mineral;

(C) an herb or other botanical;

(D) an amino acid;

(E) a dietary substance for use by man to supplement the diet by increasing the total

dietary intake; or

(F) a concentrate, metabolite, constituent, extract, or combination of any ingredient described in clause

(A) through (E).6

Thus, we believe that hemp-derived CBD falls under subsection (E) as a dietary substance for use by man to

supplement the diet by increasing the total dietary intake, and/or subsection (F) as an extract of the botanical

plant Cannabis sativa L. As discussed below, one of the many health benefits of CBD is its ability to

supplement the body’s the endocannabinoid system.7

Although the FDA has taken the position that dietary supplements and food are precluded from containing

CBD,8 the Roundtable disagrees with the agency’s position. Section 201(ff)(3)(B)(ii) of the FD&CA excludes

from the definition of dietary supplement “an article authorized for investigation as a new drug…for which

substantial clinical investigations have been instituted and for which the existence of such investigations has

been made public,” unless the article was previously marketed as a dietary supplement or as a food.9 However,

we contend that CBD does not fall under this preclusion because the clinical trials on CBD were extremely

limited in scope and funding, and publication of these trials has also been limited. Further, to date, no drug with

CBD as an active ingredient has been approved by FDA. Therefore, it is our position that CBD is a permissible

dietary ingredient under the FD&CA.

CBD Does Not Meet the Qualifications for Scheduling Under the CSA

Regardless of the source material, i.e., whether CBD is derived from an exempted plant part or industrial hemp,

it is important to note that CBD fails to meet the qualifications for scheduling under the CSA. In determining

into which schedule a drug or other substance should be placed, or whether a substance should be decontrolled

or rescheduled, the CSA requires that certain factors be considered, which are listed in Section 201 (c) of the

CSA:

6 21 U.S.C. § 321 (ff)(1). 7 See, e.g., Mechoulam R, Parker LA. The endocannabinoid system and the brain. Annu Rev Psychol. 2013;64:21-47. 8 FDA, Warning Letters and Test Results for Cannabidiol-Related Products (last updated Nov. 2, 2017), available at

https://www.fda.gov/NewsEvents/PublicHealthFocus/ucm484109.htm; see also FDA, FDA and Marijuana: Questions and Answers

(last updated Aug. 15, 2017), https://www.fda.gov/NewsEvents/PublicHealthFocus/ucm421168.htm#dietary_supplements. 9 21 USC § 321(ff)(3)(B)(ii).

Page 4 of 9

(1) Its actual or relative potential for abuse.

(2) Scientific evidence of its pharmacological effect, if known.

(3) The state of current scientific knowledge regarding the drug or other substance.

(4) Its history and current pattern of abuse.

(5) The scope, duration, and significance of abuse.

(6) What, if any, risk there is to the public health.

(7) Its psychic or physiological dependence liability.

(8) Whether the substance is an immediate precursor of a substance already controlled under this

subchapter.10

As demonstrated by the evidence noted below, CBD – in particular, hemp-derived CBD – does not meet any of

the required factors for scheduling under the CSA.

Abuse Potential and Actual Abuse of CBD

Because most hemp-derived CBD contains zero, or only a negligible amount of THC, the psychoactive

component of cannabis, hemp-derived CBD products do not produce a “high” or the intoxicated effects

associated with THC. Moreover, because CBD is non-psychoactive, it does not have the potential for abuse or

dependency, and there is no potential for diversion.

A recent evaluation of CBD prepared by WHO’s ECDD following its 39th Meeting (“WHO CBD Report”)

considered the pharmacology, toxicology, adverse reactions in humans, dependence potential, and abuse

potential of CBD.11 While there have been no controlled human studies investigating the potential physical

dependence effect of CBD, an animal study found that no tolerance to CBD was observed at any dosage.12

However, a review of acute and chronic studies in humans also found no tolerance to CBD.13 The WHO CBD

Report also notes that “there are no cases of abuse or dependence related to the use of pure CBD.”14

Unlike THC, CBD shows a low affinity for the two primary cannabinoid receptors in the body, CB1 and CB2,

which may explain why CBD does not exhibit the psychoactive effects associated with THC.15 Further, both

10 21 U.S.C. § 811 (c). 11 WHO CBD Report. 12 Id. at 14, citing Hayakawa, K., et al., Repeated treatment with cannabidiol but not Δ9- tetrahydrocannabinol has a neuroprotective

effect without the development of tolerance. Neuropharmacology, 2007. 52(4): p. 1079-1087. 13 Bergamaschi MM, Queiroz RH, Zuardi AW, et al. Safety and side effects of cannabidiol, a Cannabis sativa constituent. Curr Drug

Saf. 2011;6: 237–249. 14 Id. at 19. 15 Canadian Hemp Trade Alliance, Modernizing the Industrial Hemp Regime (Aug. 10, 2017) (“CHTA Report”), available at:

http://www.hemptrade.ca/source/CHTA%20Position%20Paper%20-

%20Modernizing%20the%20Industrial%20Hemp%20Regulations%20August%2011%202017.pdf, at 7; see also McPartland, J.M., et al., Are cannabidiol and Δ9-tetrahydrocannabivarin negative modulators of the endocannabinoid system? A systematic review. British

Journal of Pharmacology, 2015. 172(3): p. 737-753; Pertwee, R., The diverse CB1 and CB2 receptor pharmacology of three plant

cannabinoids: Δ9‐tetrahydrocannabinol, cannabidiol and Δ9‐tetrahydrocannabivarin. British journal of pharmacology, 2008. 153(2): p.

199-215.

Page 5 of 9

animal and human studies confirm the low abuse potential of CBD. Even at high doses, CBD did not exhibit the

same effects in the brain as drugs with high abuse potential such as cocaine, methamphetamine, and opioids.16

Additional animal studies found that CBD failed to exhibit the same effects in the brain as THC.17

In a randomized, double-blind, placebo-controlled trial of healthy volunteers, 600 mg of CBD did not produce

subjective levels of intoxication or psychotic symptoms, in contrast to THC.18 Likewise, a study found that

CBD acted like placebo on various performance and physical measures when compared to active smoked

cannabis, the latter of which produced abuse-related subjective effects.19 Of note, research suggests that CBD

may provide support for addiction disorders.20 Therefore, not only does CBD have a low potential for abuse and

addiction, emerging research suggests that it may actually promote public health by countering some of the

negative effects associated with addiction. The WHO CBD Report also found that “there is no evidence of

recreational use of CBD or any public health-related problems associated with the use of pure CBD.”21 Also

notable is the recent decision by the World Anti-Doping Agency (“WADA”) to remove CBD from its

prohibited substances list, although THC will remain on the list.22 WADA considered the effects on athletes and

benefits that athletes may obtain from the use of CBD and found that CBD has no addictive property that would

be detrimental to the athletes, and therefore it did not meet the criteria for prohibited substances.23

Trafficking of CBD

The WHO CBD Report notes that currently there are no published statistics or data available regarding the

seizure of illicit CBD.24 Although the regulation of CBD around the globe varies, several countries permit CBD

products for medicinal purposes and some exempt CBD derived from industrial hemp from scheduling if the

content of THC is below 0.3 percent.25 Even in countries where CBD falls under a legal “gray” area, the

trafficking of CBD is highly unlikely given that it lacks the characteristics of illicit substances that are often

16 Katsidoni, V., I. Anagnostou, and G. Panagis, Cannabidiol inhibits the reward facilitating effect of morphine: Involvement of 5-

HT1A receptors in the dorsal raphe nucleus. Addiction Biology, 2013. 18(2): p. 286-296. 17 French, E.D., K. Dillon, and X. Wu, Cannabinoids excite dopamine neurons in the ventral tegmentum and substantia nigra.

Neuroreport, 1997. 8(3): p. 649-652; Vann, R.E., et al., Divergent effects of cannabidiol on the discriminative stimulus and place

conditioning effects of Δ9-tetrahydrocannabinol. Drug and Alcohol

Dependence, 2008. 94(1-3): p. 191-198; Klein, C., et al., Cannabidiol potentiates Δ 9-tetrahydrocannabinol (THC) behavioural effects and alters THC pharmacokinetics during acute and chronic treatment in adolescent rats. Psychopharmacology,

2011. 218(2): p. 443-457; Jarbe, T.U.C., B.G. Henriksson, and G.C. Ohlin, Δ9-THC as a discriminative cue in pigeons: effects of Δ8-

THC, CBD, and CBN. Archives Internationales de Pharmacodynamie et de Therapie, 1977. 228(1): p. 68-72. 18 Martin-Santos, R., et al., Acute effects of a single, oral dose of d9- tetrahydrocannabinol (THC) and cannabidiol (CBD)

administration in healthy volunteers. Curr Pharm Des, 2012. 18(32): p. 4966-79. 19 Babalonis, S., et al., Oral cannabidiol does not produce a signal for abuse liability in frequent marijuana smokers. Drug and alcohol

dependence, 2017. 172: p. 9-13. 20 Morgan CJ, Freeman TP, Schafer GL. Cannabidiol attenuates the appetitive effects of Δ9-tetrahydrocannabinol in humans smoking

their chosen cannabis. Neuropsychopharmacology. 2010;35:1879–1885; Hurd YL, Yoon M, Manini AF. Early phase in the

development of cannabidiol as a treatment for addiction: opioid relapse takes initial center stage. Neurotherapeutics. 2015;12:807–

815. 21 WHO CBD Report at 5. 22 https://www.wada-ama.org/sites/default/files/prohibited_list_2018_summary_of_modifications_en.pdf. 23 https://www.wada-ama.org/en/questions-answers/prohibited-list-qa#item-391. 24 Id. at 20. 25 CHTA Report at 11-12.

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subject to illegal trade and trafficking. Individuals that seek out CBD do so primarily for its health benefits and

because it does not exhibit the psychoactive effects associated with THC.

Health Benefits and Safety of CBD

Current scientific research confirms that hemp-derived CBD is safe and has provided health benefits to

thousands of consumers around the world with little or no side effects. We are also not aware of any serious

adverse events associated with CBD domestically or globally. While most of the evidence regarding the safety

and efficacy of CBD is focused on disease populations – which is typical of dietary supplement research – more

importantly, the evidence clearly demonstrates the overall safety of CBD and its vast potential for healthy and

non-healthy populations alike. As the FDA is aware, dietary ingredients can be legally marketed (and studied)

as drugs, food, or dietary supplements; the key consideration is the intended use of the product as reflected in

the labeling claims,26 rather than the use of disease endpoints in studies investigating these ingredients.

A growing body of scientific research demonstrates CBD’s potential benefits for a wide range of health

conditions, including mild, self-treating conditions in otherwise healthy people. Research indicates that CBD

provides neuroprotective benefits, can help support a healthy inflammation response, and supports and

maintains the endocannabinoid, cognitive, nervous, digestive, and immune systems (among others), which

demonstrate its many health benefits.27 In particular, CBD may also be effective for less serious issues such as

nausea, occasional pain and discomfort, and mild anxiety and stress.28 Clinical evidence has found that CBD

may be an effective and well-tolerated for more serious medical conditions as well.29 Moreover, CBD was

found to be better tolerated, had milder side effects, and had comparable efficacy when compared to

conventional medical treatment.30 Studies have also found that CBD may counteract some of the side-effects

associated with THC.31

26 21 C.F.R. §§ 201.128 and 801.4, define intended use to refer to the “objective intent” of the manufacturer, which includes “labeling

claims, advertising matter, or oral or written statements.” 27 Pisanti, S., et al., Cannabidiol: State of the art and new challenges for therapeutic applications. Pharmacol Ther, 2017. 175: p. 133-

150; Izzo, A. A., Borrelli, F., Capasso, R., Di, Marzo, V and others. (2009). Non-psychotropic plant cannabinoids: new therapeutic

opportunities from an ancient herb. Trends Pharmacol.Sci. 30: 515-527. 28 Pisanti, S., et al., Cannabidiol: State of the art and new challenges for therapeutic applications. Pharmacol Ther, 2017. 175: p. 133-150. 29 Leweke FM, Piomelli D, Pahlisch F, Muhl D, Gerth CW, Hoyer C, Klosterkötter J, Hellmich M, Koethe

D. (2012) Cannabidiol enhances anandamide signaling and alleviates psychotic symptoms of schizophrenia. Transl Psychiatry 2:e94;

Bumb JM, Enning F, Leweke FM. (2015) Drug repurposing and emerging adjunctive treatments for schizophrenia. Expert Opin

Pharmacother. 16(7):1049-67; Manseau MW, Goff DC. (2015) Cannabinoids and Schizophrenia: Risks and Therapeutic Potential.

Neurotherapeutics. 12(4):816-24; Devinsky O, Marsh E, Friedman D, Thiele E, Laux L, Sullivan J, Miller I, Flamini R, Wilfong A,

Filloux F, Wong M, Tilton N, Bruno P, Bluvstein J, Hedlund J, Kamens R, Maclean J, Nangia S, Singhal NS,

Wilson CA, Patel A, Cilio MR. (2015) Cannabidiol in patients with treatment-resistant epilepsy: an open label interventional trial.

Lancet Neurol. Dec 23. pii: S1474-4422(15)00379-8; Paolino MC, Ferretti A, Papetti L, Villa MP, Parisi P. (2015) Cannabidiol as

potential treatment in refractory pediatric epilepsy. Expert Rev Neurother. 2015 Dec 9:1-5. 29 Luvone T, Esposito G, De Filippis D, Scuderi C, Steardo L.(2009) Cannabidiol: a promising drug for neurodegenerative disorders? CNS Neurosci Ther. 2009 Winter;15(1):65-75. 30 Iffland, K. and F. Grotenhermen, An Update on Safety and Side Effects of Cannabidiol: A Review of Clinical Data and Relevant

Animal Studies. Cannabis and Cannabinoid Research, 2017. 2(1): p. 139-154. 31 Bhattacharyya S, Morrison PD, Fusar-Poli P, Martin-Santos R, Borgwardt S, Winton-Brown T, Nosarti C, O' Carroll CM, Seal M,

Allen P, Mehta MA, Stone JM, Tunstall N, Giampietro V, Kapur S, Murray RM, Zuardi AW, Crippa JA, Atakan Z, McGuire PK.

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With regard to safety, the WHO CBD Report determined that “CBD is generally well tolerated with a good

safety profile.”32 In an early pilot study in humans, 10 mg of oral CBD for 21 days showed no significant

change in neurological, clinical, mental, blood and urine examinations.33 Another early study in humans

examined the administration of 3mg/kg body weight on a weekly basis for 30 days and demonstrated similar

results.34 Since then, additional studies of CBD in humans have confirmed its excellent safety profile in both

healthy and diseased populations at a variety of doses. In 2011, a comprehensive review of the safety and side

effects of CBD showed that even at very high doses, this substance shows no toxicity and is well tolerated

without significant side effects. In a total of 132 reviewed publications, CBD did not induce catalepsy or affect

factors such as heart rate, blood pressure, body temperature, gastrointestinal transit, nor did it alter psychomotor

and cognitive functions.35 Even at dosages of up to 1,500 mg per day, CBD was found to be well tolerated in

humans.36

A more recent scientific review, published in 2017, confirms the safety and relatively low toxicity of CBD for a

number of conditions without serious side effects.37 In addition, a review of studies on CBD’s benefits for

measures of behavioral health showed a positive effect and an absence of side effects.38 Studies also suggest

that CBD can help support healthy withdrawal and in some cases speed the progression of withdrawal, without

any side effects.39 The 2017 review also noted that of the available trials performed until September 2016, the

side effects of CBD “were generally mild and infrequent,” with some subjects reporting side effects such as

tiredness, diarrhea, and weight loss/weight gain.40 As demonstrated above, the scientific literature clearly

demonstrates that CBD is a safe and medically useful option, especially for healthy populations.

(2010) Opposite Effects of ∆-9-Tetrahydrocannabinol and Cannabidiol on Human Brain Function and Psychopathology.

Neuropsychopharmacology, 35:764–774; Fusar-Poli P, Crippa JA, Bhattacharyya S, Borgwardt SJ, Allen P, Martin-Santos R, Seal M,

Surguladze SA, O'Carrol C, Atakan Z, Zuardi AW, McGuire PK (2009) Distinct effects of {delta}9-tetrahydrocannabinol and

cannabidiol on neural activation during emotional processing. Arch Gen Psychiatry 66:95–105. 32 WHO CBD Report at 5. 33 Mincis M, Pfeferman A, Guimarães RX, et al. Chronic administration of cannabidiol in man. Pilot study. AMB Rev Assoc Med

Bras 1973; 19(5): 185-90. 34 Cunha JM, Carlini EA, Pereira AE, et al. Chronic administration of cannabidiol to healthy volunteers and epileptic patients.

Pharmacology 1980; 21: 175-85. 35 Machado Bergamaschi, M., et al., Safety and side effects of cannabidiol, a Cannabis sativa constituent. Current drug safety, 2011.

6(4): p. 237-249. 36 Zuardi AW, Morais SL, Guimarães FS, Mechoulam R. Antipsychotic effect of cannabidiol. J Clin Psychiatry 1995; 56(10): 485-6. 37 Iffland, K. and F. Grotenhermen, An Update on Safety and Side Effects of Cannabidiol: A Review of Clinical Data and Relevant

Animal Studies. Cannabis and Cannabinoid Research, 2017. 2(1): p. 139-154; Zuardi AW, Crippa JAS, Hallak JEC, et al. Cannabidiol

for the treatment of psychosis in Parkinson’s disease. J Psychopharmacol. 2009;3:979–983; Cunha J, Carlini EA, Pereira AE, et al.

Chronic administration of cannabidiol to healthy volunteers and epileptic patients. Pharmacology. 1980;21:175– 185. 38 Iseger TA, Bossong MG. A systematic review of the antipsychotic properties of cannabidiol in humans. Schizophr Res.

2015;162:153–161. 39 Manini AF, Yiannoulos G, Bergamaschi MM, et al. Safety and pharmacokinetics of oral cannabidiol when administered

concomitantly with intravenous fentanyl in humans. J Addict Med. 2014;9: 204–210; Crippa JAS, Hallak JEC, Machado-de-Sousa JP, et al. Cannabidiol for the treatment of cannabis withdrawal syndrome: a case report. J Clin Pharm Ther. 2013;38:162–164; Morgan

CJ, Das RK, Joye A, et al. Cannabidiol reduces cigarette consumption in tobacco smokers: preliminary findings. Addictive Behav.

2013;38:2433–2436. 40 Iffland, K. and F. Grotenhermen, An Update on Safety and Side Effects of Cannabidiol: A Review of Clinical Data and Relevant

Animal Studies. Cannabis and Cannabinoid Research, 2017. 2(1): p. 139-154.

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Impact of Scheduling Changes on Availability

As noted above, the regulation of CBD around the globe varies, and most countries permit CBD products for

medicinal purposes. In fact, many are currently seeking to ease restrictions on CBD products, such as hemp-

derived CBD, in recognition of its benefits and safety, especially given that THC is only present in trace

amounts.41 As a result of this evidence regarding the benefits of CBD, seventeen states in the U.S. have enacted

laws that legalized therapeutic uses of CBD.42 Some state legislatures in the U.S. have also enacted laws that

allow residents to buy, sell and possess CBD, so long as the products meet labeling requirements and contain no

more than 0.3 percent THC.43

Thus, the classification of CBD as a controlled substance by WHO would create unnecessary obstacles to the

international trade, manufacture, and availability of hemp-derived CBD products and disadvantage researchers

and consumers alike. While statistics are not readily available, it is estimated that US sales of products

containing CBD were over $100 Million in 2017, with a likely doubling of that in 2018. The economic impact

of improperly scheduling CBD would be significant to US growers, processors and those developing and

marketing hemp-derived CBD products.

* * *

In closing, given that hemp-derived CBD is not a controlled substance under CSA and has tremendous potential

to improve public health, the international scheduling of CBD would serve as an impediment to research and

development purposes. Again, we urge FDA to recommend against the scheduling of CBD in its evaluation to

WHO and recognize the safety and benefits of CBD both in the U.S. and internationally.

We thank FDA for the opportunity to comment on this matter and would be happy to answer any questions or

discuss our comments with the agency in more detail.

Respectfully submitted,

Directors of the U.S. Hemp Roundtable:

Brian Furnish, President, Ananda Hemp, Cynthiana, KY

George Blankenbaker, Vice President, Real Hemp, Indianapolis, IN

Steve Bevan, Secretary, GenCanna Global, Winchester, KY

Josh Hendrix, Treasurer, CV Sciences, San Diego, CA

Brandon Beatty, Bluebird Botanicals, Broomfield, CO

Graham Carlson, CW Hemp, Boulder, CO

Christian Cypher, Alliance One International, Raleigh, NC

Gabriel Ettenson, Elixinol, Broomfield, CO

Vince Sanders, American Shaman, Mission, KS

Satinder Singh, Isodiol, San Diego, CA

Steven Thompson, Zilis, Plano, TX

41 WHO CBD report at 20-21. 42 National Organization for the Reform of Marijuana Laws, List of States with Medical CBD Laws, available at:

http://norml.org/laws. 43 See, e.g., Indiana Senate Enrolled Act No. 52.

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Jeff Williams, Williams Ranch Company, Fort Stockton, TX

Counsel to the U.S. Hemp Roundtable:

Jonathan Miller, General Counsel, Frost Brown Todd, Lexington, KY

Rend Al-Mondhiry, Senior Counsel, Amin Talati Upadhye, Washington, DC