I’ve heard and read a lot this week about how the Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2018 (Right to Try Act), signed into law by President Trump on May 30, 2018, functions to legalize medical marijuana. It does no such thing.
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Rather than focus this article on the particulars of the FDA request for comments on cannabinoids under docket FDA-2018-N-1072, I am going to use the FDA notice as a vehicle for discussing the use of tricky semantics by the FDA and DEA, which I posit is both intentional and effective in its current war on cannabinoids. This is the sentence on which I’m going to focus:
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Is CBD legal? This sounds like an innocent and simple enough question. Certainly, it deserves a simple, straightforward answer. As a lawyer who represents legal cannabis businesses I’m asked this question often. Unfortunately, the legal status of CBD, cannabinoids, and terpenes- all constituent components of the cannabis sativa plant- is anything but simple and straightforward. I intend to shed some light on the subject in this article.
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