Enforcement against the CBD industry below federal level in the US appears to be taking place for a variety of unrelated reasons, including THC levels in products, state-level prohibitions, or action by the US Food and Drug Administration (FDA). Much of that confusion, as well as some skittishness around the industry, is partly due to the lack of federal guidance. And the federal state of affairs is itself somewhat tangled. For the industry to really bloom this will need to be ironed out.
Attorney general Barr appears to be pushing for a policy solution from Congress, which he hopes will provide him with a “federal framework”. While Barr’s support for the Cole Memo was more lukewarm than resounding, his support for a unified federal framework and apparent willingness to support something like the STATES Act has encouraged the industry.
It also shows that the Justice Department has shifted its ground since Sessions was in charge.