The Food and Drug Administration regulates the approval and safety of everything from food (obviously) to dietary supplements, cosmetics, medications, and even blood transfusions. As you can imagine, marijuana-based products can fall under quite a few of those headings: cannabidiol extract to treat seizures; pot brownies, gummies, sodas, and other food products for medical marijuana patients; and, of course, the weed itself for recreational users.

That’s the biggest question, right? And the FDA does point out that it has approved four drugs for discrete medical use: one for the treatment of seizures, and the other three for anorexia associated with weight loss in AIDS patients. Outside of that however, no approval. According to the FDA: “Our role, as laid out in the Federal Food, Drug, and Cosmetic (FD&C) Act, is to review data submitted to the FDA in an application for approval to assure that the drug product meets the statutory standards for approval.” So readers are left to presume that other marijuana marketing applications either haven’t been presented to the FDA, or haven’t been approved.

How Does FDA’s Role Differ From the Role of Other Federal Agencies When It Comes to the Investigation of Marijuana for Medical Use?

So, can the FDA study pot on its own, rather than just reviewing other research? Ostensibly, yes. But that process sounds pretty complex:

Conducting clinical research using marijuana involves interactions with several federal agencies. This includes: a registration administered by the Drug Enforcement Administration (DEA); obtaining the marijuana for research from the National Institute on Drug Abuse (NIDA), within the National Institutes of Health, or another DEA-registered source; and review by the FDA of an investigational new drug (IND) application and research protocol.

What Is FDA’s Reaction to States That Are Allowing Marijuana to Be Sold for Medical Uses Without the FDA’s Approval?

State marijuana laws are ever-evolving and can be extremely complex. Consult a local attorney about the laws in your state.

Related Resources:

  • Find Drug Lawyers Near You (FindLaw’s Lawyer Directory)
  • Pot Mouth Spray Seeks FDA Approval (FindLaw’s Law and Daily Life)
  • Even if States Legalize Pot, Still a Fed. Crime (FindLaw’s Law and Daily Life)
  • Will Your Insurance Cover Medical Marijuana? (FindLaw’s Law and Daily Life)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules