Furthermore, your product is offered for conditions that are not amenable to self-diagnosis and treatment by individuals who are not medical practitioners; therefore, adequate directions for use cannot be written so that a layperson can use this drug safely for its intended purposes. Thus, ______ is misbranded within the meaning of section 502(f)(1) of the Act, in that its labeling fails to bear adequate directions for use [21 U.S.C. § 352(f)(1)]. The introduction of a misbranded drug into interstate commerce is a violation of section 301(a) of the Act [21 U.S.C. § 331(a)].
“The DEA makes it clear they don’t have to explicitly list anything as a controlled substance as long as a substance is intended for human ingestion, not approved as a drug by the (US Food and Drug Administration), or is structurally or pharmacologically similar to another controlled substance,” he told Leafly. “This DEA rulemaking change doesn’t make it any more illegal” than it previously was. The new rule “was an administrative change,” Armentano added. “It has nothing to do with law enforcement.”
The color of CBD oil drops can range from clear or slightly golden, to a dark brown almost black. Several factors determine the finished product color, including the type of CBD extract, the extraction method used, the carrier oil used, and additional ingredients. Full spectrum (whole plant) extracts tend to be darker in color, whereas isolates tend to be more transparent.
This is exciting for many, but also complicated due to the fact that possession of marijuana is still considered a criminal offense at the federal law level. Flying across and transporting marijuana across state lines, drug tests for employees following a visit to one of the states where marijuana is legal and other complications have led many to avoid the topic – and consumption – altogether.
“There is a great deal of confusion regarding the legal status of hemp and why these products are so readily available versus marijuana-based CBD products. In 2014, the Farm Bill stated that hemp was different from marijuana, yet the Drug Enforcement Agency’s (DEA) position is that hemp comes from the cannabis sativa plant and as such falls under the controlled substance act. In 2004, the Hemp Industry Association won a court case against the DEA from the Ninth Circuit Court of Appeals that ruled the DEA didn’t have the authority to ban hemp under the CSA. “By that federal court ruling, similar to non-scheduled hemp food products, this allows Medical Marijuana, Inc. (including HempMeds®) to sell online and distribute to customers in the U.S. states,” said Dr. Stuart Titus, the company’s Chief Executive Officer.”
Outside of those four states, consumers must put their trust in the manufacturer. Sometimes that’s warranted, and sometimes it’s not. In 2016 and 2016, the FDA ran tests on several CBD products and found that many of the products had far less CBD than advertised, and in some cases none at all. You can find those test results here for 2015, and here for 2016. (These FDA tests were done as a one-off project. CBD products are not approved by the FDA for the prevention, mitigation, or treatment of any disease or condition.)