The Agricultural Improvement Act of 2018 (the 2018 Farm Bill) removed hemp, defined as cannabis with a delta-9 tetrahydrocannabinol (THC) content of not more than 0.3% on a dry weight basis, from the list of controlled substances, as well as all extracts and derivatives thereof. See H.R. Res. 2, 115th Cong. (2018).

In the years that followed, hemp-derived cannabidiol (CBD) became prolific, serving as a harbinger of cannabinoids to come. CBD was eventually approved as a drug for the treatment of rare and severe forms of epilepsy, which precluded it from use in dietary supplement and food products via the “drug exclusion rule.” See Press Release, Food and Drug Administration, FDA Approves First Drug Comprised of an Active Ingredient Derived from Marijuana to Treat Rare, Severe Forms of Epilepsy (June 25, 2018) (available at: https://www.fda.gov/news-events/press-announcements/fda-approves-first-drug-comprised-active-ingredient-derived-marijuana-treat-rare-severe-forms).