This is the most likely method of legalization, carving out an exception for CBD in the “drug exclusion clause” of the FDCA
To put things very simply, the drug exclusion clause states that it is illegal to put the active ingredient of an FDA-approved pharmaceutical drug — in this case CBD in Epidiolex — into the food supply or dietary supplements
So Mitch can pass legislation exempting CBD from the drug exclusion clause of the FDCA, thereby federally legalizing the use of CBD in foods and dietary supplements
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