Earlier this month, the medical journal Pediatrics published a new study analyzing reports of accidental child exposure to cannabis edibles from 2017 – 2022, finding that the number of young children accidentally ingesting...more
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
The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and...more
1/27/2023
/ Appeals ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Class Action ,
Disclosure ,
Enforcement ,
Investigations ,
Investment ,
Investors ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Motion to Dismiss ,
New York ,
Public Statements ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Remand ,
Securities and Exchange Commission (SEC) ,
Vacated
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
A December 2022 survey from Data for Progress reports that American voters, regardless of political affiliation, support federal cannabis legalization. Specifically, 75% of Democrats, 67% of independents, and 52% of...more
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
Biden Signs Historic Cannabis Research Bill Into Law -
On December 2, 2022, President Biden signed the bipartisan Medical Marijuana and Cannabidiol Research Expansion Act...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
Election Round-up: Two States Approve, Three Reject Adult-Use Cannabis Referendums -
Northern District of New York Rules on Dormant Commerce Clause and Adult-Use Retail Licenses in New York...more
Cannabis: In Focus -
Cannabis Banking Reform Possible During Lame-Duck Session -
Nevada Court Removes Cannabis from State’s Controlled Substances List...more
Cannabis Testing Companies Facing State Regulatory Scrutiny in Nevada and Florida -
FDA Appoints Former State Cannabis Policy Regulator as New Cannabis Advisor -
DOJ Responds to Florida Lawsuit Challenging Federal...more
Second Circuit Rules That Cannabis As a Schedule I Under CSA Is Constitutional -
This August, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s ruling that the government’s classification of...more
9/8/2022
/ Appeals ,
Appellate Courts ,
Cannabis Products ,
Controlled Substances Act ,
Fifth Amendment ,
Legislative Agendas ,
Medical Marijuana ,
Preliminary Injunctions ,
Reversal ,
Schedule I Drugs ,
State and Local Government ,
Vacated
Massachusetts Governor Signs Comprehensive Cannabis Regulation Bill -
On August 11, 2022, Massachusetts Governor Charlie Baker signed a bill (S. 3096) aimed at advancing social equity and diversity within the state’s...more
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
A class-action lawsuit was filed on July 12 in the U.S. District Court for the Eastern District of Arkansas alleging that cannabis testing companies inflated the amount of THC found in cannabis flower...more
Minnesota Legalizes Edibles Containing THC -
A Minnesota law went into effect on July 1, 2022, that may be the most significant step toward cannabis legalization in the state to date. The law, which was passed in June,...more
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
Cannabis: In Focus -
• New Mexico class action calls for insurance coverage for medical cannabis
• Bicameral attempt to legislate bipartisan cannabis omnibus package
• Oregon ban on “artificially derived cannabinoids”...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
Florida Lawsuit Challenges Federal Regulations Regarding Firearm Purchases for Medical Cannabis Patients -
Following a recent Supreme Court ruling, the Department of Justice (DOJ) has asked for more time to respond to a...more
7/8/2022
/ Cannabis Products ,
Controlled Substances ,
Department of Justice (DOJ) ,
Firearms ,
Florida ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Maryland ,
Medical Marijuana ,
Second Amendment ,
State and Local Government ,
Texas
Cannabis: In Focus -
• Candy Companies Defend Their Trademarks, Consider THC Copycat Products a Health Hazard
• Iowa Supreme Court Upholds Possession Conviction, Even With Out-of-State Registry Card... ...more
6/7/2022
/ Cannabis Products ,
Convictions ,
Drug Possession ,
Food and Drug Administration (FDA) ,
IA Supreme Court ,
Intellectual Property Protection ,
Out-of-State Judgments ,
THC ,
Trademark Infringement ,
Trademarks ,
Validity
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 13, the FDA issued a public warning regarding reports of accidental ingestion of food products containing tetrahydrocannabinol (THC) by children. The FDA warned that edible products containing THC “can be easily...more
California enacted statute AB 45 in October 2021, authorizing the use of hemp and hemp-derived cannabidiol (CBD) in food, beverages, dietary supplements, and cosmetics at the state level. Now, state regulators have proposed...more