[E-trademarks] Controlled Substances Act (CSA) THC

[Richard Morris]

Dear All:  

 

Would these services violate the Controlled Substances Act (CSA)?    

 

Class 035:    Online retail store services featuring herbs, spices, chocolates, beverages, candy, cookies, cakes, any hemp in the foregoing goods having a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis and containing only naturally occurring trace amounts of CBD; Online retail store services featuring non-medicated skin and body topical lotions, creams and oils, any CBD in the foregoing goods being solely derived from hemp with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis

 

Or does the CSA only relate to CBD/THC products – and not retail services?    I thought the sale of food products with CBD/THC of any concentration was banned.  

 

 

It is unlawful to introduce food to which CBD, an “article that is approved as a new drug,” has been added into interstate commerce or to market CBD as, or in, dietary supplements, regardless of whether the substances are hemp-derived. 21 U.S.C. §§321(ff)(3)(B)(ii), 331(d), 355(a); see also 21 U.S.C.  §352(f)(1) regarding mislabeled drugs.  See also Statement from FDA Commissioner Scott Gottlieb, M.D., on signing of the Agriculture Improvement Act and the agency’s regulation of products containing cannabis and cannabis-derived compounds. 

 

 

 

Thanks

 

 

Richard L. Morris, Jr., Esq.

1-800-4-TRADEMARK, P.A.

Ph.  800.487.2336  Ph.  305.673.6686   

www.4trademark.com

 

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