The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters on July 16, 2024, to five companies for illegally selling and introducing into the market copycat food products...more
March has been a big month for cannabis reform and the $40 billion state-regulated marketplace.
President Biden mentioned cannabis reform and his administration’s efforts to reschedule the substance in his State of the...more
3/25/2024
/ Biden Administration ,
Cannabis Products ,
DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government
On January 12, 2024, a 252-page memorandum from the U.S. Department of Health & Human Services (“HHS”) was publicly released. This memorandum, dated August 29, 2023, portends a potential monumental shift in the regulation of...more
After Tuesday’s election, Ohio is the latest state to legalize adult-use cannabis despite opposition from Republican Governor Mike DeWine and several trade groups.
Voters approved State Issue 2 with 57% voting in favor...more
SAFER Banking Act Heads to Senate Floor -
On September 27, the Secure and Fair Enforcement Regulation (SAFER) Banking Act (S.2860) was reported out from the Senate Committee on Banking, Housing, and Urban Affairs with...more
Politico and Bloomberg both reported today that the U.S. Department of Health and Human Services (HHS) is officially recommending that marijuana be moved to Schedule III from Schedule I under the Controlled Substances Act...more
Oregon is the first state in the country to offer controlled use of psilocybin to the public. As we detailed in a prior Update, the state had finalized regulations. Now, the state has licensed its first psilocybin service...more
7/14/2023
/ California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Colorado ,
Controlled Substances ,
Food and Drug Administration (FDA) ,
Healthcare ,
Laboratories ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Oregon ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government
The Coalition for Cannabis Scheduling Reform (CCSR) recently released its comprehensive report on the federal classification of cannabis, co-authored by Perkins Coie Cannabis industry group co-chair Andrew Kline, with support...more
6/28/2023
/ Cannabis Products ,
Classification ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Marijuana ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs
Secretary Xavier Becerra shared during a press conference on June 15 that relevant federal agencies are working to complete their administrative review of cannabis scheduling this year, according to Marijuana Moment....more
On June 8, 2023, Gov. Kathy Hochul (D) announced a crackdown on sales by unlicensed cannabis sellers, which could face fines of up to $20,000 a day under recent legislation allowing for enhanced enforcement. The legislation...more
As the Biden administration actively reviews the classification of cannabis under the Controlled Substances Act (CSA), a diverse group of cannabis companies and organizations is partnering with scientific and legal...more
Cannabis: In Focus -
- DEA Classifies Two Lab-Derived Cannabinoids as Schedule I
- Washington Federal Judge Dismisses Suit Challenging Residency Requirements...more
3/7/2023
/ Appeals ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Litigation ,
DEA ,
Dismissals ,
Food and Drug Administration (FDA) ,
Investors ,
Licenses ,
Marijuana ,
Non-Residents ,
Schedule I Drugs ,
THC ,
Washington
Oregon became the first state to offer controlled use of psilocybin to the public on January 1, 2023. Psilocybin is a Schedule I psychoactive substance that is illegal at the federal level. Notwithstanding this federal...more
1/27/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Food and Drug Administration (FDA) ,
Healthcare ,
Laboratories ,
Legislative Agendas ,
Licensing Rules ,
Manufacturers ,
New Legislation ,
New Regulations ,
Oregon ,
Regulatory Agenda ,
Schedule I Drugs ,
State and Local Government
New York City Attempts to Crack Down on Illicit Cannabis Market -
During a council hearing on Jan. 18, 2023, New York City lawmakers and law enforcement officials discussed the need for tackling the city’s illicit cannabis...more
1/25/2023
/ Banking Sector ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Coronavirus/COVID-19 ,
Decriminalization of Marijuana ,
Federal Reserve ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Benefits ,
New Legislation ,
Recreational Use ,
Regulatory Agenda ,
State and Local Government ,
Warning Letters
As 2022 drew to a close, the Wall Street Journal reported that the FDA is finally considering releasing potential guidance regarding cannabidiol (“CBD”) in the coming year. While the exact timeline and scope of the FDA’s...more
On November 16, 2022, the Food and Drug Administration (FDA) issued five new warning letters to various companies making edible products containing cannabidiol (CBD) and/or Delta-8-tetrahydrocannabinol (THC)...more
11/29/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
Farm Bill ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Regulatory Agenda ,
THC
On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more
8/22/2022
/ Appeals ,
Cannabis-Related Businesses (CRBs) ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Federal v State Law Application ,
Interstate Commerce ,
Medical Marijuana ,
Out-of-State Companies ,
Residency Requirements ,
State and Local Government ,
State of Residency
In late July, the U.S. House of Representatives passed H.R. 8454, the Medical Marijuana and Cannabidiol Research Expansion Act (Research Expansion Act). A similar version of the bill, S. 253, passed the Senate earlier this...more
8/16/2022
/ Biden Administration ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Legalization ,
Medical Marijuana ,
National Institute of Health (NIH) ,
Proposed Legislation ,
Research and Development
On July 8, California’s Department of Cannabis Control (“DCC”) issued draft regulations looking to standardize cannabis testing across the state. According to a statement, the DCC issued the proposed regulations in reaction...more
7/15/2022
/ California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Clinical Laboratory Testing ,
Comment Period ,
Marijuana ,
Marijuana Related Businesses ,
NCLC ,
Proposed Regulation ,
State and Local Government ,
THC
More than 20 state attorneys general (AGs) authored an open letter to congressional leaders calling for legislation that would regulate tetrahydrocannabinol (THC) edibles that mimic the packaging and names of popular...more
As the legal cannabis market continues to expand, and potential federal legalization and inevitable interstate commerce loom on the horizon, it is imperative that federal agencies address the discrepancies among state testing...more
7/11/2022
/ Cannabis Products ,
Clinical Laboratory Testing ,
Decriminalization of Marijuana ,
Legalization ,
Legislative Agendas ,
Marijuana ,
NCLC ,
Regulatory Agenda ,
Regulatory Oversight ,
State and Local Government ,
State Legislatures
Late last week, a bi-partisan pair of federal lawmakers introduced a new bill to expand cannabis companies’ access to financial resources and opportunities. Introduced by Reps. Troy Carter (D-La.) and Guy Reschenthaler...more
6/30/2022
/ Cannabis-Related Businesses (CRBs) ,
Financial Institutions ,
Financial Services Industry ,
Legislative Agendas ,
Lending ,
Marijuana Related Businesses ,
New Legislation ,
Popular ,
Proposed Legislation ,
SAFE Act ,
Safe Harbors ,
Securities
As Congress continues to debate the SAFE Banking Act, cannabis business and financial institutions should pay close attention to the bill’s potential to transform the accessibility of banking and payment processing solutions...more
6/1/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Financial Institutions ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
New Regulations ,
Proposed Regulation ,
SAFE Act ,
State and Local Government ,
State Legislatures
On May 26, the FDA issued warning letters to four companies alleging that the companies sold unapproved animal drugs containing cannabidiol (CBD). Specifically, these products were intended for use in food-producing...more
On May 19, 2022, the U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion holding that Delta-8 THC products are legal at the federal level and eligible for intellectual property protection...more
5/20/2022
/ Appeals ,
Controlled Substances ,
Farm Bill ,
Federal Trademark Register ,
Food and Drug Administration (FDA) ,
Hemp ,
Legalization ,
New Legislation ,
New Regulations ,
Regulatory Oversight ,
State and Local Government ,
THC ,
Warning Letters