"The FDA has taken a “not legal” position on hemp-CBD in consumables through its oft-cited FAQ and elsewhere. This FDA position is generally understood as “informal guidance” or a “statement of policy”, or sometimes a “nonlegislative rule” or an “interpretive rule”, which by any name does not have the force of law. FDA commonly issues informal guidance as its primary method of policy-making, which means that the agency does not undertake the Administrative Procedure Act (APA) process of “notice and comment” rulemaking in many cases. This has been FDA custom for a long time."