Would flower, concentrates, THC-infused edibles and other products sold at medical marijuana dispensaries and adult-use retailers be permitted for interstate commerce? Not legally, unless they have FDA approval.  Justin Brandt one of the founding partners at law firm Bianchi & Brandt in Scottsdale, Arizona said “That’s the key. If you have an FDA-approved cannabis product, then … like any other Schedule 3 drug, like Tylenol with codeine, you’re going to be able to have interstate commerce.” But state-“legalized medical cannabis in and of itself doesn’t automatically become a Schedule 3 marijuana product. It’s still separate and distinct, and it’s still technically outside the purview of the FDA and the Controlled Substances Act. It’s still technically federally illegal.”

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About Bianchi & Brandt

Bianchi & Brandt offers a full suite of legal and strategic services tailored to the unique needs of complex industries, including cannabis and psychedelics, with a level of trust and expertise that is unmatched. With a deep bench of business law and regulatory specialists, the firm takes a holistic approach to client support across all operations. Bianchi & Brandt has served as a strategic partner to their clients and assisted not only with legal matters, but also risk management, compliance, M&A, and other business challenges. For over a decade, the firm has pursued its goal to help companies maximize results from founding through each new phase of growth. The Bianchi & Brandt team pride themselves on their long commitment to the industry and the deep client relationships forged by the firm’s founding partners. Learn more: bianchibrandt.com

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