Don’t fall into the trap of thinking every pronouncement by FDA is settled law etched in granite.
Instead, think of it as what it really is: wish-lists by unelected over-reaching bureaucrats testing the waters of public opinion with often-unconstitutional (Schedule 1 for Cannabis) ideas designed to reward them and their buddies (Big Pharma).
They want to see if they can get away with it easily. They know they are on weak ground, they know Cannabinoids have been in our food for millennia, they knew about undisclosed THC in hempseed oil for decades, they know CBD has been marketed before GW’s IND application, and they know they just accepted GRAS status for a food proven to often contain enough THC to cause a 49 nano drug test positive.
Therefore, please stop ceding anything to FDA as though it is writing the rules. We have much power in this process, once we realize we have much power in this process. Push back hard with comments to them, and when public comment periods open, push back even harder.
Years ago 100,000 public comments changed the course of the USDA organic program. We can do the same. We have momentum, facts, precedents, energy, and righteousness on our side. Don’t fritter it away… use it!