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68 Am. U. L. Rev. 823 (2018-2019)
The Surprising Reach of FDA Regulation of Cannabis, Even after Descheduling

handle is hein.journals/aulr68 and id is 861 raw text is: THE SURPRISING REACH OF FDA REGULATION OF CANNABIS, EVEN AFTER DESCHEDULING SEAN M. O'CONNOR* ERIKA LIETZAN* As more states legalize cannabis, the push to deschedule it from the Controlled Substances Act is gaining momentum. At the same time, the Food and Drug Administration (FDA) recently approved the first conventional drug containing a cannabinoid derived from cannabis-cannabidiol (CBD) for two rare seizure disorders. This would all seem to bode well for proponents of full federal legalization of medical cannabis. But some traditional providers are wary of drug companies pulling medical cannabis into the regular small molecule drug development system. The FDA's focus on precise analytical characterization and on individual active and inactive ingredients may be fundamentally inconsistent with the entourage effects theory of medical cannabis. Traditional providers may believe that descheduling cannabis would free them to promote and distribute their products free of federal intervention, both locally and nationally. Other producers appear to assume that descheduling would facilitate a robust market in cannabis-based edibles and dietary supplements. In fact, neither of these things is true. If cannabis were descheduled, the FDA's complex and comprehensive regulatmy framework governing foods, * Boeing International Professor and Founding Director of the Cannabis Law & Policy Project, University of Washington School of Law; J.D., Stanford Law School; M.A., Philosophy, Arizona State University; B.A., History, University ofMassachusetts, Boston. The Author thanks Nephi Stella, Karen Boxx, Mowgli Holmes, Hilary Bricken, Daniel Shortt, andJason Liu. ** Associate Professor of Law, University of Missouri School of La;r, J.D., Duke Law School; M.A., History, University of California Los Angeles; B.A., History, University of North Carolina at Chapel Hill. The Author thanks AlissaJijon and Patricia Zettler for comments and James Kopfensteiner (University of Missouri Class of 2018) for research assistance. 823

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