We enter the fourth quarter of 2022 with questions aplenty about what veterinarians may do with CBD and other cannabinoids for patients, but encouraging precedents and momentum are underway. I want to clarify matters and point us toward the steps needed to advance a veterinarian\u2019s ability to use the products to help clients\u2019 pets.<\/p>\n
Let me summarize and then discuss.<\/p>\n
Let\u2019s explore.<\/p>\n
Free-speech provisions in the U.S. Constitution protect all Americans, so there shouldn\u2019t be debate or uncertainty about discussing CBD and other cannabinoids with clients. The issue isn\u2019t the legality of such a conversation or whether permission is required from a legislature or veterinary medical board. It\u2019s whether veterinarians are satisfied that they know enough to help. Veterinarians must decide if they are comfortable providing advice to clients, though it\u2019s not illegal to do so.<\/p>\n
A variety of CBD and cannabinoid supplements or products are sold in brick-and-mortar stores and online outlets. What\u2019s not available is an authoritative consumer guide. Too often, veterinarians and their clients must rely on anecdotal information, which is not always ideal. The National Animal Supplement Council website (nasc.cc<\/a>) is useful.<\/p>\n The 2018 Farm Bill makes unequivocally clear that hemp-based products with less than 0.3% TCH (tetrahydrocannabinol) are legal in the United States. Such products are not psychoactive, and no federal laws or regulations prohibit their use or recommendation.<\/p>\n Here are excerpts from the bill:<\/p>\n What remains frustrating is the refusal or reluctance of the U.S. Food and Drug Administration to reference the Farm Bill language in any manner. The FDA\u2019s silence leaves some veterinarians and lawyers uncertain where things stand for pet CBD and cannabinoid supplements that meet the dual threshold of hemp-based and less than 0.3% TCH. What we\u2019ve seen is an occasional cease-and-desist letter to certain companies when the FDA thinks marketing materials make improper therapeutic claims for a supplement, which isn\u2019t allowed without official FDA approval and after clinical trials<\/a>.<\/p>\n Until the FDA adopts regulations or proclaims otherwise, I view Farm Bill-compliant supplements and products as legal, which explains why so many are on retail shelves. Why the FDA is reluctant to take the step is understandable in our current political environment. However, the federal government confirmed the legality of hemp-based products with less than 0.3% THC, so an FDA stamp of approval is not required.<\/p>\n Let\u2019s move on to the states. Nevada took an important first step by authorizing veterinarians to recommend and administer hemp-based products. Here\u2019s an excerpt of the law, which went into effect in October 2021:<\/p>\n 1. A licensed veterinarian may administer to an animal a product containing hemp or CBD if it:<\/p>\n 2. The veterinarian may recommend to the animal owner the use of such a product to treat a condition.<\/p>\n 3. The board shall not take any disciplinary action<\/em>\u00a0against a licensed veterinarian or the facility \u2026 for administering or recommending the use of [such] products. (Emphasis added.)<\/p>\n To be sure, Nevada law explicitly allows a veterinarian to recommend and administer a hemp-based cannabinoid product. The only question in Nevada is whether a veterinarian may dispense (i.e. sell) such products to a pet owner. One would think that\u2019s the case since a veterinarian may recommend and administer. Veterinarians sell many products and over-the-counter items without the Legislature\u2019s express approval. What\u2019s different here? The issue has yet to be tested in any public proceeding that I could access, so we\u2019ll wait and see what unfolds in Nevada.<\/p>\n In California, Assembly Bill 1885 takes an additional but cautious next step from current law, which allows a veterinarian to discuss<\/em> cannabis-related products with a client. AB1885 authorizes a veterinarian to recommend<\/em> to a client the use of a cannabis-related product. (Emphasis added.) It doesn\u2019t go as far as Nevada, but the careful methodology of the California Veterinary Medical Board and Legislature portend progress toward administrating and, may we hope, dispensing privileges.<\/p>\n On the federal level, one or both of the following FDA actions would be welcome:<\/p>\n\n
A Foot-Dragging FDA<\/strong><\/h3>\n
Farther West<\/strong><\/h3>\n
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What\u2019s Next?<\/strong><\/h3>\n