Hemp-derived THC products that fall into the category of Foods and Dietary Supplements are federally illegal
So are Hemp-derived CBD products that fall into these categories
Enforceability is a different discussion
Unfortunately, the drug exclusion clause in the FDCA has taken legal precedence over The 2018 Farm Bill — otherwise, we wouldn’t be in this current conundrum, would we?
There are enormous differences between CBD and THC in terms of risks to public safety and potential for abuse
MJ is a Schedule I Drug because of THC, not CBD
Most of the attorneys have gotten it wrong by focusing on the “different article” argument for Full Spectrum
Public safety is the reason why the FDA is going to be choosing the Pure CBD formulation
I personally have no issues whatsoever with THC in CBD products, and like many others, I would like to see it federally permitted in CBD Oil products under the following 2 conditions:
1) It is derived from Hemp (whose very definition includes cannabis containing THC at .3% or less on a dry weight basis)
2) The concentration of THC in CBD products is kept at .3% or below
However, it doesn’t really matter what I would like to see
I’m trying to figure out what the FDA is going to do, and even more importantly for me as an investor in the CBD Oil and CBD Beverage space, predict which specific composition of CBD products will be the first one to be given the FDA’s national blessing, because I foresee a massive herd of “CBD GREEN RUSH” investors flocking to those publicly traded companies which produce these first-ever no-strings-attached federally legal CBD products... and I want to stake out a position before they arrive
The following is not an exhaustive list, but here are a few of the reasons why the FDA isn’t a big fan of THC in CBD products:
THC is a Schedule I cannabinoid
THC is psychoactive
THC has abuse potential
THC impacts motor skills, i.e. driving
THC can negatively impact the brain and have harmful effects on cognition, memory, academic performance and mental health
For the above reasons, along with many others, the FDA views THC as a threat to public health and public safety
The NIH has also spent decades funding research on the “harms” of MJ and THC, so there is a tremendous amount of research out there on the negative effects of THC in comparison to the beneficial effects
THC is also the active pharmaceutical ingredient in several FDA-approved prescription medications — Marinol, Syndros, and Cesamet
The FDA is already being asked to make an exception to their guidelines (FDCA) by allowing one pharmaceutical drug, CBD, into dietary supplements and the food supply, and adding THC (particularly above .1%) alongside CBD is asking them to make a 2nd exception by allowing two different FDA-approved pharmaceutical medications into the same OTC products, with one of these exceptions being a Schedule I substance to boot
The evidence is already out there
Dr. Gottlieb has gone on record multiple times and you can watch the videos here:
So your saying CANB will not be the only FDA approved company to sell CBD pure isolate? ? Wow that will surprise some here that think some Dr. said it will be.