The Virginia Cannabis Control Authority (CCA), which assumed oversight of Virginia’s medical cannabis program from the Board of Pharmacy as of January 1, has promulgated regulations to govern medical cannabis operations in...more
1/24/2024
/ Dispensaries ,
Healthcare ,
License Applications ,
Marijuana ,
Medical Marijuana ,
New Regulations ,
Patient Access ,
Pharmaceutical Industry ,
Plant Based Products ,
Regulatory Oversight ,
Virginia
Recently enacted Pennsylvania Senate Bill 773 (SB773) introduces several amendments intended to expand opportunities and increase competition among existing cannabis licensees in Pennsylvania. The bill seeks to support...more
1/23/2024
/ Agribusiness ,
Business Licenses ,
Cannabis-Related Businesses (CRBs) ,
Competition ,
Dispensaries ,
Licensing Rules ,
Marijuana Related Businesses ,
Medical Marijuana ,
Monopolization ,
Multistate Corporations ,
Pennsylvania ,
Proposed Amendments ,
Regulatory Agenda ,
Regulatory Reform
The Food and Drug Administration’s Center for Tobacco Products (“CTP”) has released a strategic plan intended to guide the Center’s activity for the next five years. While the strategic plan highlights the laudable goals of...more
The Food and Drug Administration (FDA) has recently filed new injunction and civil money penalty proceedings against unauthorized, flavored e-liquids and electronic nicotine delivery systems (ENDS) manufacturers and...more
12/6/2023
/ Civil Monetary Penalty ,
Department of Justice (DOJ) ,
E-Cigarettes ,
FDA Warning Letters ,
Food and Drug Administration (FDA) ,
Injunctions ,
Life Sciences ,
Manufacturers ,
Retail Market ,
Tobacco ,
Tobacco Regulations ,
Vaping ,
Warning Letters
Much attention has recently been placed on hemp-derived products marketed in packaging that mimics popular snack foods.
Originally published in Law360 - August 15, 2023....more
11/15/2023
/ Cannabis Products ,
Controlled Substances ,
Decriminalization of Marijuana ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
Plant Based Products ,
Product Packaging ,
Public Health ,
Recreational Use ,
THC
On October 30, Virginia’s hemp industry suffered an early defeat in its effort to overturn Virginia SB 903, a law that imposed stricter limitations on hemp products than what is currently required under federal law....more
11/15/2023
/ Commerce Clause ,
Dormant Commerce Clause ,
Farm Bill ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Manufacturers ,
Preemption ,
Regulatory Oversight ,
THC ,
Virginia
As a result of a legal challenge by the Oregon Cannabis Industry Alliance and cannabis cultivators in Oregon, the Oregon Health Authority’s (OHA) aspergillus fungus testing rule for marijuana, marijuana products, and...more
10/25/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Oregon ,
Recreational Use ,
Regulatory Oversight ,
Regulatory Reform ,
State and Local Government ,
Testing Requirements ,
Zero Tolerance Policies
On October 12, hemp producers and retailers notched an early win in litigation challenging the legality of Maryland’s cannabis licensing program as it applies to hemp. By way of background, the Maryland General Assembly...more
10/25/2023
/ Agribusiness ,
Cannabis Act ,
Cannabis Products ,
Hemp ,
Licenses ,
Maryland ,
Plant Based Products ,
Preliminary Injunctions ,
Recreational Use ,
Regulatory Oversight ,
Retail Market ,
THC ,
USDA
While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more
10/24/2023
/ Cannabidiol (CBD) oil ,
Controlled Substances ,
Controlled Substances Act ,
Drug Testing ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Medical Marijuana ,
Popular ,
Recreational Use ,
Schedule I Drugs ,
State Labor Laws ,
THC ,
Wage and Hour
On October 2, the Virginia Board of Pharmacy posted a general notice indicating that it had voted to rescind the request for applications (RFA) for a Pharmaceutical Processor license in Health Service Area I. The RFA will now...more
10/11/2023
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
CCA ,
Dispensaries ,
HSA ,
Licensing Rules ,
Marijuana Related Businesses ,
Medical Marijuana ,
Patient Access ,
Pharmaceutical Industry ,
Regulatory Oversight ,
Regulatory Reform ,
Virginia
The Senate Banking Committee is scheduled to mark up a new version of the SAFE Banking Act, now known as the “Secure And Fair Enforcement Regulation Banking Act” or the SAFER Banking Act (SB 2860). The revised bill addresses...more
Last summer, we wrote about the Iowa Attorney General’s $133 million suit against the tobacco manufacturers that are signatories to the Master Settlement Agreement (MSA). Brought in Iowa state court, this suit alleged that...more
The Food and Drug Administration’s Center for Tobacco Products (“CTP”) will hold a two-day public meeting on the agency’s premarket tobacco product application (“PMTA”) process. The meeting will be held October 23-24 and can...more
Virginia’s new hemp-derived products statutes (Va. Code § 3.2-5145.1 et seq.) went into effect as of July 1, standing to drastically alter the availability of hemp-derived products in Virginia. ...more
The Food and Drug Administration (FDA) recently issued first-of-its kind draft guidance for investigational new drug (IND) applications involving psychedelic drugs. Citing the rise in interest in exploring the potential...more
FDA recently announced the issuance of warnings letters to 189 retailers found to be selling unauthorized tobacco products, specifically Elf Bars and Esco Bars....more
This is the fifth post in our multipart series evaluating the Food and Drug Administration’s (FDA’s) response to the Reagan-Udall Foundation report (the Report) on the operations of the Center for Tobacco Products (CTP). If...more
Several mid-Atlantic state legislatures recently took significant action on the cannabis front, setting the stage for a major expansion of the cannabis market in the region. The impact of these laws varied widely, as shown by...more
Over the last several months, FDA and DOJ enforcement efforts have increasingly focused on manufacturers and distributors of vapor products covered by the Food, Drug, & Cosmetic Act and the PACT Act....more
In late November, the New Mexico attorney general announced a lawsuit in the Santa Fe County First Judicial District Court against Philip Morris USA Inc., R.J. Reynolds and other signatories to the tobacco master settlement...more
Under the sponsorship of Representatives Morgan Griffith (R-VA) and Angie Craig (D-MN), congressional lawmakers recently renewed their effort to force the Food and Drug Administration’s (FDA) hand in regulating cannabidiol...more
The Virginia General Assembly recently passed — in both chambers — a bill to regulate delta-8 THC products in the commonwealth. The bill now awaits the governor’s signature. Governor Youngkin and the Republican-controlled...more
On February 24, 2023, the Food and Drug Administration (“FDA”) issued a response to the report prepared by the Reagan-Udall Foundation in December 2022. The Foundation’s report was originally commissioned by FDA Commissioner...more
On February 9, Attorney General William Tong sued five Connecticut retailers for violating the state’s Unfair Trade Practices Act (UTPA) by selling allegedly illegal delta-8 tetrahydrocannabinol (THC) products, many of which...more
U.S.-based international trade group Cashmere and Camel Hair Manufacturers Institute (CCMI) recently filed a lawsuit against global online marketplace Etsy, Inc. in U.S. District Court for the District of Massachusetts for...more