You sound real smug for someone who is wrong
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Whenever I consider a new idea (such as @RedundantAlexithymia suggested, selling cbd with no particular use), I like to re-read every word of the universe of rules and definitions to see specifically how they impact that loophole. Iām wondering (out loud) if its possible under FDA to sell something (anything) without a definition. I suspect the FDA has attempted to address this by requiring everything sold to be identified as something, but thatās pure speculation on my part.
kratom is sold with no use in tn
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or just a lack of suggestions for use is about the same thing
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the analog act doesnāt apply when the substance is specifically not in the CSA.
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I was in Walgreens today and this caught my attentionā¦
a ātopical analgesicā that claims menthol is the active ingredientā¦
supposedly included: 1000mg of āhempā isolate
could this type of marketing be a clue to market entry?
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Sheesh - that was me being nice, my smug is much smuggier. Hereās the spoon I fed you earlier, but you were (apparently) too lazy to read.
9. Can THC or CBD products be sold as dietary supplements?
A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act [21 U.S.C. Ā§ 321(ff)(3)(B)].
10. Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added?
A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. Ā§ 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. Ā§ 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.
However, all food ingredients must comply with all applicable laws and regulations. For example, by statute, any substance intentionally added to food is a food additive, and therefore subject to premarket review and approval by FDA, unless the substance is generally recognized as safe (GRAS) by qualified experts under the conditions of its intended use, or the use of the substance is otherwise excepted from the definition of a food additive (sections 201(s) and 409 of the FD&C Act [21 U.S.C. Ā§Ā§ 321(s) and 348]).
@RedundantAlexithymia this last part is what concerns me:
āby statute, any substance intentionally added to food is a food additiveā¦ā
So if mixed with MCT - or in gummies - or in pills - it sounds like there are statues (I need to pull) which cause these items to fall under #10 above
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you can have traditionally āfoodā items sold for non food purposes though
decorative corn cobs arenāt regulated like food, both are corn
im reaching i know
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Is a sublingual drop food now?
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I think that product falls under this FDA guidance:
13. What is FDAās position on cannabis and cannabis-derived ingredients in cosmetics?
A. A cosmetic is defined in 201(i) as ā(1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles; except that such term shall not include soap.ā
Under the FD&C Act, cosmetic products and ingredients are not subject to premarket approval by FDA, except for most color additives. Certain cosmetic ingredients are prohibited or restricted by regulation, but currently that is not the case for any cannabis or cannabis-derived ingredients. Ingredients not specifically addressed by regulation must nonetheless comply with all applicable requirements, and no ingredient ā including a cannabis or cannabis-derived ingredient ā can be used in a cosmetic if it causes the product to be adulterated or misbranded in any way. A cosmetic generally is adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling, or under such conditions of use as are customary or usual (section 601(a) of the FD&C Act [21 U.S.C. Ā§ 361(a)]).
If a product is intended to affect the structure or function of the body, or to diagnose, cure, mitigate, treat or prevent disease, it is a drug, or possibly both a cosmetic and a drug, even if it affects the appearance. (See Question #3 for more information about drugs.)
FDA can take action if it has information that an ingredient or cosmetic product is unsafe to consumers. Consumers can report adverse events associated with cosmetic products via the FDAās MedWatch reporting system, either online or by phone at 1-800-FDA-1088, or by contacting your nearest FDA district office consumer complaint coordinator. For more information, please see the FDAās webpage on how to report a cosmetic-related complaint.
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Itās going to be state to state how these guidelines are interpreted.
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See FDA guidance above #10 ā
āby statute, any substance intentionally added to food is a food additiveā¦ā
Iād guess any sublingual would have been added to ? Some food something ? And by definition āsublingualā states its for consumptionā¦
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Is melatonin food?
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That is not true.
If you sell across state lines you are subject to FDA. Fullstop. No exception.
Melatonin has not been shown to be safe when used as a food ingredient.
Still available nationwide in every form you can imagine.
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agree entirely, but just answering your question sir.
I donāt know what to tell you. Cockblock yourself all you want I guess?
Cannabis is still federally illegal. Schedule 1.
Yet states across the country are making their own determination on legality.
Trump signed the farm bill. Clearly his administration doesnāt have a hard on for prosecuting cannabis / hemp. The states have control at the moment.
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Did you intend to say āmarijuanaā is still federally illegal, schedule 1.
ā¦hemp was defined/removed from the CSAā¦ itās no longer a controlled substance.
Ok, that went dark quick!
Youāre confused about how state and federal laws work. State laws regulate in state sale; FDA (federal law) regulate cross state sales.
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