The Food and Drug Administration (FDA) can authorize tobacco products containing hemp-derived cannabinoids, congressional researchers say in a new report. But since the crop was federally legalized, the agency has yet to receive any applications for such a product. Marijuana, meanwhile, would still be banned as an additive for tobacco even if it’s rescheduled.
The Congressional Research Service (CRS) report released on Monday adds another layer of analysis about the potential impact of moving marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA), as the Justice Department has proposed. This new document focuses on the legal effects of rescheduling on FDA’s regulatory authority.
As CRS has pointed out in several recent reports, “marijuana would continue to be prohibited” even if it’s moved to Schedule III. In order for it to be legally dispensed following rescheduling, FDA would need to approve specific cannabis products as medicines, and the agency typically does not grant such approvals for botanical drugs.
“Rescheduling thus would not automatically legalize medical marijuana in the United States,” CRS said, adding without FDA approval, controlled substances “cannot legally be marketed in interstate commerce” under the Federal Food, Drug, and Cosmetic (FD&C) Act.
Also, while hemp
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