Can B Corp (CANB)

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The 2018 Farm Bill left the FDA in charge of regulating Hemp products

The FDCA is very clear

There are 4 different types of products — Foods, Supplements, Drugs and Cosmetics

Right now, only cosmetics and prescription drugs containing THC and CBD are unquestionably federally legal

Because both THC and CBD are subject to the drug exclusion clause, Foods and Supplements containing these cannabinoids are currently federally illegal according to the FDA’s interpretation of the FDCA

That is where we stand right now

The House Bill, HR 5587, is crystal clear

“Hemp-derived CBD” will be made exempt from the drug exclusion clause and therefore become legal to be placed in Foods and Supplements

If Congress wanted to legalize both Hemp-derived CBD and Hemp-derived THC in Foods and Supplements, then HR 5587 would have explicitly stated so by saying “Hemp-derived CBD and Hemp-derived THC”

But that’s not what HR 5587 says:

https://www.congress.gov/bill/116th-congress/house-bill/5587/text

SECTION 1. REGULATION OF HEMP-DERIVED CANNABIDIOL AND HEMP-DERIVED CANNABIDIOL CONTAINING SUBSTANCES.

(a) Inclusion In Definition Of Dietary Supplement.—Section 201(ff)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)) is amended in each of clauses (i) and (ii) by inserting “(other than hemp-derived cannabidiol or a hemp-derived cannabidiol containing substance)” after “an article”.

(b) Prohibited Act.—Section 301(ll) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(ll)) is amended by inserting “(other than hemp-derived cannabidiol or a hemp-derived cannabidiol containing substance)” after “public”.


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