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There is an exception to section 201 if the substance was “marketed as” a dietary supplement or as a traditional food earlier than the drug was accredited or earlier than the brand new drug investigations have been authorized, as relevant. However, primarily based on obtainable evidence, FDA has concluded that this is not the case for THC or CBD. The 2018 Farm Bill, nevertheless, explicitly preserved FDA’s authority to control products containing cannabis or cannabis-derived compounds under the FD&C Act and part 351 of the Public Health Service Act . FDA treats products containing cannabis or cannabis-derived compounds because it does any other FDA-regulated products — meaning they’re subject to the identical authorities and necessities as FDA-regulated products containing another substance. This is true regardless of whether or not the cannabis or cannabis-derived compounds are categorised as hemp under the 2018 Farm Bill. To get a way of what the …

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