The Food Drug and Cosmetic Act (FDAC) gives the Food and Drug Administration (FDA) broad regulatory powers over legal drugs and more limited power over the regulation of food. For drug makers, the FDA is the fearsome elephant in the room because of the immense amount of time and huge levels of money it takes to get a legal drug to market. Though the FDA has cracked down on “CBD” and anyone making medical claims about it, it hasn’t taken up the torch in going after the thousands of people and businesses making medical claims about cannabis in their respective states. That though may soon change as the FDA is taking an increased interest in the medical claims and allegations surrounding cannabis on the state level.
Under the FDCA, the FDA categorizes a substance as