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Legal Updates on CBD and Homeopathy

Story at-a-glance -

  • CBD is the nonpsychoactive component of cannabis and hemp. Unlike the THC in cannabis, CBD does not induce a high, but has many clinical benefits, including the control of seizures and pain
  • Federal drug laws stipulate cannabis is an illegal Class 1 narcotic; in states where cannabis has been legalized, buyers and sellers of cannabis rely on federal authorities not enforcing federal drug law
  • The U.S. Drug Enforcement Agency (DEA) considers CBD to be cannabis and has scheduled it as a Class 1 narcotic. Hemp growers have sued DEA to deschedule CBD. The case is currently pending before the Ninth Circuit of Appeals
  • There’s a limited time left for CBD companies to petition FDA to market CBD as a dietary ingredient. Once FDA approves GW Pharmaceuticals’ CBD medicine as a new drug, CBD can no longer be legally sold or marketed as a supplement
  • FDA has issued a draft document in which they state they intend to exercise enforcement discretion on homeopathic products, but made it clear they believe homeopathic medicines are unapproved new drugs

By Dr. Mercola

Todd Harrison is a partner in the legal firm, Venable LLP — one of the "white hat" legal firms that helps defend us and many other companies against overreaches by federal regulatory agencies such as the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC). In this interview, he discusses the latest legal developments involving cannabidiol (CBD) and homeopathy, both of which have come under recent serious attack.


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