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FDA and FTC Issue Joint Warning Letters for Copycat Delta-8 THC Food Products

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

It’s Game Time for Cannabis Reform

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

HHS Releases Memorandum Recommending Rescheduling Marijuana to Schedule III

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

Ohio voters approve adult-use cannabis referendum

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

Cannabis Legal Report - October 2023

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

HHS Recommends Moving Cannabis to Schedule III

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

Psilocybin: Updates in Oregon and Around the Country

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

Coalition Releases Report on Federal Cannabis Classification

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

Federal Cannabis Scheduling Decision Expected This Year

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

New York State Initiates Interagency Enforcement Actions Against Unlicensed Cannabis Businesses

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

Major Cannabis Organizations Launch Coalition With Perkins Coie Support

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 Legal Report - March 2023

Cannabis: In Focus - - DEA Classifies Two Lab-Derived Cannabinoids as Schedule I - Washington Federal Judge Dismisses Suit Challenging Residency Requirements...more

Oregon Finalizes New Regulations To Implement Psilocybin Services Act

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

Cannabis Legal Report - January 2023

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

Will The New Year Finally Bring FDA Guidance on CBD?

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

FDA Issues New Warning Letters to Companies Making CBD and Delta-8 THC Edibles

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

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

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

House Passes Bill to Expand Cannabis and CBD Research

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

California Proposes New Cannabis Lab Testing Regulations

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

State AGs Call for Congressional Action on Copycat THC Edibles

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

Standardizing Cannabis Lab Testing Nationally

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

CLIMB Act Introduced in Congress

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

Where Is the SAFE Banking Act?

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

FDA Issues New CBD Warning Letters for Animal Products

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

Ninth Circuit Rules on Legality of Delta-8 THC Products

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

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