§12.1 Overview

• Jurisdiction: United States
• Publication year: 2022

§12.1 Overview

The law's historical view on cannabis-derived products is probably best described as dissociative-multiple changing views of the same product. As early as 400 A.D., cannabis-derived products were accepted as medicinal wonders.¹ Within the United States, cannabis-derived products have been widely accepted,² then taxed,³ then supported and encouraged for cultivation,⁴ derivatives distinguished based on properties,⁵ listed as a controlled substance as thus illegal,⁶ accepted in certain states,⁷ and to come back full circle, granting full, legal acceptance for certain derived products.⁸ Ironically, it is the known chemical composition of cannabis, known for giving hallucinogenic effects to users, that has caused society to experience its own shaky and varied regulatory enforcement over the product.

§12.1.1 Cannabis Sativa L.

As shown in the below chart, cannabis-derived products are derived from the plant Cannabis sativa L.⁹ Over 100 different cannabinoids, which are a group of psychoactive compounds, have been identified in Cannabis sativa L. Of the cannabinoid compounds, delta-9 tetrahydrocannabinol and cannabidiol (CBD) have attracted the most interest, to date. Delta-9 tetrahydrocannabinol (THC) has been identified as the key ingredient for creating an intoxicated state in users of cannabis-derived products.¹⁰ CBD on the other hand has been discussed as having non-intoxicating features. While THC and CBD are held as distinct compounds, and are regulated as such, in actuality they exist in tandem in a cannabis-based products, in concentrations to determine the impact of a product on users.¹¹ THC and CBD are synthesized from the same precursor, olivetoic acid:

Chemical Synthesis of THC and CBD from common precursor Olivetolic Acid

§12.1.2 Marketing Overview for Cannabis-Derived Products in Dietary Supplements

In the United States, the total marijuana market, including use for medicinal and pleasure use, is over $17 billion dollars. Globally, over 2.5% of the world's people consume marijuana.¹² The market for CBD compounds, often used in dietary supplements and foods, exists at $4,000,000,000; a recent search focused on the Amazon.com product database revealed over 50 competing CBD products.¹³ Hemp, which exists as a cannabis-derived product without a significant amount of the active ingredient THC is currently at $2,500,000,000. While most cannabis-derived products are still classified as schedule I-controlled substances at the federal level...