Despite being federally legal, 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 classifies it. CBD is considered a drug by the FDA and therefore may not by sold for oral ingestion pending regulatory new drug approval 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 of 2021. It is now unlikely that any legislative action will be taken next year.
