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IS THE CBD INDUSTRY REGULATED?

Girl Lying on Bed with Sunday Scaries Gummies in Hand

What’s gucci Scary Squad,

We’re now on our 4th founder update. I hope all of you are getting value and are enjoying a Sneak-VIP-Inside-Peek of our business.

This update might get a little nerdy - so throw on your taped-bridge spectacles, insert your pocket protectors, and dig out the suspenders from your closet.

Steve Urkel would be proud.

The CBD industry is currently in regulatory flux, with the FDA pushing for Congress to act, while Congress is forcing FDA to make a move. This article explains the regulatory path of CBD in detail. 

There’s been a ton of recent buzz around the regulation (or lack thereof) of the CBD industry.

For those of you who don’t know, the reason why Sunday Scaries and our ~3,000 competitors are allowed to sell CBD is due to the 2018 Farm Bill.

The Farm Bill is a government package that is revised and updated every 5 years. It basically keeps food prices fair for farmers and consumers, ensures we have adequate food supply, and governs what can be farmed and how.

Well, in 2018 hemp was the popular kid in school. Farmers argued that they should be able to use their land for hemp and sell the raw materials. Our government agreed, and hemp cultivation was allowed in the bill. Woohoo!

Hemp is pretty legit, you can use it to make clothing, textiles, food, paper, insulation, fuel and more. It’s just been bastardized for so long because “weed is the devil’s lettuce” and the big tobacco and alcohol companies have lobbied against it since the 1930’s.

Kill your competition. Welcome to America.

The problem with allowing the cultivation of hemp in the Farm Bill was that the government didn’t foresee companies like us extracting the cannabinoids and selling them to consumers.

Wait, wtf is a “cannabinoid”? There are over 100 cannabinoids in the cannabis plant, which are compounds that all produce their own effects. THC is a cannabinoid which gets you high. CBD is a cannabinoid which chills you out, without the high.

And there are ~98 more. For example, CBN, which is known to help with sleep (yes, this is in our Big Spoon sleep oil).

The biggest mind fuck of it all is that these 100 cannabinoids can be extracted from both hemp AND marijuana. AND THEY ARE THE SAME THING COMING FROM EITHER PLANT - but one is legal and the other is a schedule 1 narcotic.

“That’s stupid.” Yes, it’s stupid. You can’t make this stuff up.

Hemp and marijuana are like oranges and tangerines, llamas and alpacas, or muffins and cupcakes.

Same same, but different.

SO, once the government allowed hemp cultivation in the Farm Bill they opened the doors to hemp and its compounds, while also jailing people for using the same compounds in marijuana.

To make things even more complicated, the FDA (Food and Drug Administration) didn’t know how to regulate CBD after the Farm Bill was signed. They were supposed to come up with a ruling in 2019 that defined CBD as a dietary supplement but they’ve been dragging their feet. Dragging haaaard.

It’s 2023 and like at the DMV - We’re. Still. Waiting.

The problem with this FDA inaction is that it’s doing the consumer (YOU) a huge injustice.

The whole point of the FDA is to protect the public health by ensuring the safety and efficacy of consumer products sold on the market.

Well, without any regulation you open up the doors to the bad players. This is why you see “CBD gummies” on Amazon that don’t even contain CBD (hint: don’t buy CBD from Amazon) or why a new CBD startup launches every day. Because there are no barriers to entry and there is no governing body regulating it.

This is why Sunday Scaries and other industry leaders have been regulating ourselves since the Farm Bill.

We know the hemp farmers in Greeley, Colorado personally, to ensure we get quality raw materials. We run countless 3rd party lab tests to ensure safety and efficacy. And our manufacturers are GMP certified and FDA registered.

Yup, like hemp itself, we’re too legit to quit.

So, cool story Mike, we’ve heard that shit before. But what is the new industry buzz?!?

The new industry buzz is that the FDA recently stated that their rules for regulating drugs and supplements “don’t work” for determining the regulation for CBD. And that they need help from Congress to arrive at a ruling.

So basically, they finally passed the baton to Congress, who we hope can re-introduce CBD regulation in legislation and come up with a ruling.

Luckily, Senator Ron Wyden is reintroducing legislation to ensure that FDA regulates CBD and other hemp derivatives as dietary supplements and food and beverage additives.

Pioneering groups like the U.S. Hemp Roundtable are working with the Senator’s office to maximize press coverage and political support. 

Kudos to them, they're the real MVP. 

Draft language that would be attached to the 2023 Farm Bill that will force the FDA to act and may even set up a new regulatory framework for adult cannabinoids such as Delta 8 THC. 

Finally, Kentucky will be issuing first-in-the-nation emergency regulations for adult cannabinoids that could prove to be a national model.

The U.S. Hemp Roundtable met continuously with state regulators to develop that proposal and will be providing trusted input on the final delivery.

Regarding the safety of CBD, there is clear, established evidence of safety, with CBD products being sold at retail for nearly a decade with no significant safety issues.

The most frustrating and ironic part is that the FDA allows the sale of drugs with insanely harmful side effects.

For example, Lexapro, which is used to treat Generalized Anxiety Disorder. This is somehow allowed by the FDA while CBD to them is a no-no. But check out the side effects of what they are somehow cool with:

Nausea, dry mouth, trouble sleeping, constipation, dizziness, increased sweating, bloody stools, fainting, seizures, eye pain, blurred vision… the list goes on.

There hasn’t been any study on CBD even remotely close to these harmful side effects, it has a remarkably good safety profile.

Has anyone ever experienced any of the above side effects after popping a CBD gummy or even smoking a joint? Yeah, me neither.

What sucks is that there is still some big lobbying going on, there has to be. But this time it’s the pharmaceutical giants instead of tobacco and alcohol. Or maybe all three. Either way, kudos to you for supporting a small business that sells a safe and effective product instead of harmful ish these big companies are peddling.

So next time you see a TV commercial from a pharmaceutical giant with fine print warnings on the bottom of the screen and a fast-forwarded voiceover listing every side effect under the sun, think of Sunday Scaries and how Congress and the FDA will soon define us as a safe dietary supplement… once and for all.

More content coming your way.

Stay Chill,

Mike Sill

CEO & Co-Founder

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