Despite being federally legal, non-prescription CBD companies still have problems obtaining capital and standard services from banks and other financial services institutions. The ability to market CBD as a safe and effective substance is limited by how the FDA presently classifies it–i.e. CBD is classified as a drug and therefore is prohibited unless specifically approved by the FDA.
The U.S. Congress has the authority to address these issues, and there is current legislation aiming to do just that, such as the Safe Banking Act of 2021, the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2021 and the Hemp Access and Consumer Safety Act. No legislation is anticipated to pass Congress this year.