If I have to choose between dealing with those bureaucracies and going without weed…
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I feel time will tell on that one.
CBD is considered a pharma drug
CBD is the main ingredient in GW’s formula, the main pharma drug used to make it.
Wouldn’t homemade CBD then be considered an analog?
That is what they call drugs you make at home is it not?
You seem to be saying you can copy a pharma drug just as long as you don’t copy it exactly and then go on to making it in your basement.
I remain skeptical.
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You can copy anything if you change it even a little.
But if it is found to be too much like the original you get sued right?
I feel it is a really fine line we are walking with these patent laws.
@GrownAtHighAltitude you seem to be more up on this sort of law/
Do you have anything you would like to add?
Anybody can sue you for anything. Doesn’t mean they will win.
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Man I have to really make sure I choose the correct words here???
I should have said you could be found legally liable to pay damages.
I wonder how much it would cost you in the long run, to be called into court for this sorta thing?
Would you just concede and stop production or take it to court?
This could get real messy and expensive.
Even if you win, you could come out the other end a looser.
This is not so cut and dry as some folks seem to make it out to be.
My point is the Govt. is not going to allow us to make pharma drugs in our basements.
Still have to develop a product and actually sell it. As soon as lawsuits become widely known the image is already tarnished and a certain number of people won’t buy it. Only indifferent consumers will be left. At that point, does it matter?
The seeds and plants we are already growing is plenty of pharma for the average person. We need better data to make informed personal health decisions. This forum helps, as well as others like it…
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GW pharm is a bit lawsuit happy these days.
Knowing there is even a small chance to be called into court will all the costs associated with that…
Why would someone invest millions into a CBD new product right now.
Then there is the FDA to contend with.
**“The FDA continues to alert the public to potential safety and efficacy concerns with unapproved CBD products sold online and in stores across the country,” said FDA Principal Deputy Commissioner Amy Abernethy, M.D., Ph.D.
“It’s important that consumers understand that the FDA has only approved one drug containing CBD as an ingredient.
These other, unapproved, CBD products may have dangerous health impacts and side effects. We remain focused on exploring potential pathways for CBD products to be lawfully marketed while also educating the public about these outstanding questions of CBD’s safety. Meanwhile, we will continue to monitor and take action, as needed, against companies that unlawfully market their products — prioritizing those that pose a risk to public health.”**
From the FDA themselves. March 22, 2021
https://www.fda.gov/news-events/press-announcements/fda-warns-companies-illegally-selling-over-counter-cbd-products-pain-relief
Essentially, the relevant statutory provisions prohibit these uses of CBD because CBD was the subject of substantial clinical investigations into its potential medical uses before it was added to foods (including dietary supplements), and, separately, because CBD is the active ingredient in Epidiolex, an FDA-approved prescription drug product to treat rare, severe forms of epilepsy.
After what I have seen over the last few years, the FDA will be lucky to exist at all by the end of the decade. Just my opinion.
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as far as being sued wouldnt the almighty sue big pharma considering he/she was the creator of this magnificent medical plant
ps just asking for a friend
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I feel this statement is a bit harsh, but that is only my personal opinion. 
When I make statements, they are only my opinion based on what I feel I know to be true.
BTW
I am human, I make mistakes, I am imperfect and I am ok with that fact too.
I am only bringing these sorta topics up for discussion, thinking maybe I can even further my knowledge on this subject.
Maybe someone will even bring up something I have not thought of.
To me that is the whole purpose of a good discussion, to possibly learn something.
You seem to imply what I state must be viewed as fact.
To be clear…I do not feel that way
These facts are why I may seem alarmed about our current situation…LOL
Summary:
GW pharm is a bit lawsuit happy these days.
“We will vigorously defend our intellectual property rights
Is this really something to be concerned/alarmed about?
I guess in the end one needs to decide that for one’s self.
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You’re not understanding the difference between a drug and a nutritional supplement. FDA only approves Epidolex as the drug form, they don’t regulate nutritional supplements, which are what all the other CBD is sold as.
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No I do, and I think I understand the loophole.
I also see your point, and I agree with you that, currently you can get away with selling it basically a novelty item or for nutritional value.
Let us not kid ourselves here, folks are not buying this stuff for the nutritional value.
So you see I do agree with you but I still have a a few questions.
Will it stay that way forever?
I feel there is a good chance it will not.
I feel big pharma will not want us making our own drugs at home.
Why you may ask?
What other pharma drug knockoff/mirror is available as a nutritional supplement?
Is there a current example that we should compare this to?
I ask because I do not know.
But I really doubt there are any.
Also the nutritional supplement must be sold without claims of doing anything other than nutritional values.
You can not make one single medical claim, the claim is what will get you in trouble.
For example, if you say it takes away pain or anything close, that could land you in some trouble.
That is the way I understand things, but maybe I am wrong.
Time will tell.
Peace
shag
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Nothing will stay that way forever, but you are crying wolf over and over again, and refusing to listen to anyone who’s explaining the reality of things to you. I get that the federal government is a big Boogeyman but you are shitting your pants over it when the genie is out of the bottle. You’re imagining a movie future, not the one we live in. Yes dystopias happen and yes big pharma is bad but what you are describing is just not possible from any legal or practical standpoint. There is too much prior art to trademark CBD or THC as compounds, and if you don’t understand prior art in patents then you are not working from an understanding of how these things happen. There’s also been far too much spreading and development of cannabis in the open here and and globally for the US government to be able to dictate shit to anyone about it. As someone said earlier to you, all the seeds are out there, what are they going to do about it? The Drug War didn’t work despite thousands of deaths and billions of dollars, why would this?
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Bingo. Well said.
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How so?
I have not heard a compelling counterargument.
What is there to listen to?
What was the counterargument?
Why do you feel your opinion should hold more weight than mine here?
I have only heard opinions, and opinions that don’t make much sense to me.
I have provided FDA guidelines as my base of thought.
I see nothing like that as a counterargumnent.
You say the genie is out of the bottle.
Does that mean because CBD is an accepted supplement already that it can not be taken off the market and made a drug?
They just did that with a supplement recently.
Why would I change my stance/opinion for that?
Seems your whole argument is cause… I said so…LOL
If I did miss a proper counterargument, please give me a quick summary of why I should see things your way and maybe answer the questions I have asked.
Here is my side of things…
From the FDA themselves. March 22, 2021
https://www.fda.gov/news-events/press-announcements/fda-warns-companies-illegally-selling-over-counter-cbd-products-pain-relief
You can read for yourself that the FDA says they will not allow the illegal selling of over-the-counter CBD.
Why do you feel they will not enforce things the way they said they would above?
Do you feel they will allow analogs to be made in our basements?
Please explain why and how.
All it will take is for one person to get sick or too high from THC, and have to seek medical treatment and then the FDA will shut shit down in a hurry.
Here is more on the supplement now turned drug.
January 2021
N-Acetyl Cysteine: Supplement, Drug, or Both?
Updated September 2022
N-acetyl cysteine (NAC) comes from the amino acid L-cysteine. It’s been available in dietary supplements for decades. But now the FDA is warning companies that it cannot be legally included in supplements. The tug of war between the industry and FDA is confusing, and highlights the great differences in supplement and drug regulations.
NAC was first approved by the FDA as a respiratory drug in 1963. It’s also used to prevent serious liver damage from acetaminophen poisoning. But it’s been available in dietary supplement products for decades – the ingredient itself is likely safe for most people. The FDA has pushed back on the use of NAC in supplements since 2010, but it’s ramped up significantly this year. Some speculate this is due to new clinical investigations into the use of NAC for COVID-19. The FDA claims that there’s no evidence that NAC was used as a supplement prior to its use as a drug – so including NAC in a supplement makes the product an unapproved drug and thus illegal.
In 2021, several dietary supplement companies received warning letters for making hangover treatment claims about their products. The main purpose of these letters was to inform them that making these claims was a violation of the Dietary Supplement Health and Education Act (DSHEA). But in addition to this violation, the FDA also flagged several of these companies for including NAC in their products.
This brings up another question.
Was CBD used as a supplement before it was used as a drug?
If the FDA finds it was not then CBD will most likely follow these guidelines.
The FDA claims that there’s no evidence that NAC was used as a supplement prior to its use as a drug – so including NAC in a supplement makes the product an unapproved drug and thus illegal.
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Misleading statement. Actually, it states that the FDA is fighting against “the illegal marketing of unapproved drugs labeled as containing CBD”. Regardless, the above statement still is fine, not allowing the illegal anything is ok, in fact it’s the law. The problem here is that you’re trying to equate CBD that is produced from our plants with the CBD-containing OTC products marketed as drugs. It’s just not the same, nor will it ever be.
It’s akin to saying “Alcohol is used in some OTC drugs as a preservative/sedative”, also, “homebrewing is legal” OMG The government and big pharma will be coming for our homebrewers! That’s one counterargument.
Are you growing CBD from a plant or planning to make and sell an OTC product containing CBD? There’s a big difference. That’s another counterargument.
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I never said it was, in fact I said I know it is not.
Weak sauce at best.
If you wish to make this point you should inform us of what approved pharma drug are we currently allowed to produce in our basements?
I feel CBD production could fall under the analog catagory, wax was considered an analog at one time.
Looking for a model that will make your point.
I have not found one, maybe you can find one and post it here for us.
I have to disagree here.
They are not the same at all.
For one alcohol is not a pharma drug, you see they are handled very very differently.
It seems you are the one crying wolf here… 
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CBD production will never fall under the analog category. Similar to how growing apples will never be considered a fruit. The method can not be an analog of the end product.
Also, let’s drop “pharma” from the phrase. It’s a drug, that’s what it’s classified as. As for what drugs we are currently allowed to produce in our basements? THC and CBD for two (as long as you’re in a legal state that allows homegrow).
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