Toward Rational Regulation of Marijuana in the United States: FDA's Role in Consumer Choice and Safety

Abstract

The Food and Drug Administration is an agency dedicated to maintaining the health and safety of the American public. For as long as people have been purchasing and consuming foods and drugs there have been the problems of adulteration and imperfect consumer information. In some cases, FDA acts to protect the consumer against dangers he or she cannot protect him or herself from by prohibiting access to food containing invisible pathogens or drugs intended for specific maladies beyond lay diagnosis. In other cases, FDA decides the best approach is to allow for informed consumer choice through labeling and disclosure requirements. Generally, the latter approach is applied to areas of aesthetic choice, but even when products are potentially harmful (containing saturated fats, cholesterol, nicotine, caffeine, saccharine, preservatives) FDA is reluctant to ban them. Ultimate choice is left to the informed consumer, especially in areas of subjective choice, e.g. whether to consume a lollipop with a worm inside it or chocolate covered ants.