Try that with a batch of Maui Wowee brownies, or a jug of Wildwood tea. The Drug Czar gets to determine what drugs are, and are not. Not common sense.
To the extent that you’re referring to illegal drugs, you’re right. But that’s not what the FDA regulates, and that’s the issue here. The FDA regulates legal products that are sold as drugs. The FDA determines whether a product is sold as a drug based on how it is marketed.