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
Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data,...more
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
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
State Cannabis Regulators Urge Congress to Act on Hemp -
The Cannabis Regulators Association (CANNRA) issued an open letter on September 15, 2023, calling on Congress to enact regulations that address safety concerns for...more
10/4/2023
/ Bankruptcy Court ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Hemp ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
NLRB ,
Proposed Legislation ,
Unions
New York State Regulators Approve Final Adult-Use Regulations as Judge Bars New York State From Issuing New Cannabis Licenses -
On September 12, state regulators approved final adult-use regulations and set October 4 as...more
9/15/2023
/ Agribusiness ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
New York ,
State and Local Government ,
USDA
VA Continues to Prohibit Doctors from Prescribing Cannabis to Veteran Patients -
The U.S. Department of Veterans Affairs (VA) issued a directive, consistent with a previous directive released in 2017, which prevents...more
Congressional Activity—New Hearing and Bipartisan Bill on Hemp -
On July 20, the Hemp Access and Consumer Safety Act was reintroduced in Congress with bipartisan support from co-sponsors Sen. Ron Wyden, D-Ore., Sen. Rand...more
FDA and FTC Issue Cease and Desist Letters to Companies Selling Delta-8 Edibles -
On July 5, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) jointly sent cease and desist letters to six companies...more
7/17/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Cease and Desist Orders ,
Controlled Substances Act ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Investigations ,
Labeling ,
Marijuana ,
Marijuana Related Businesses ,
Product Packaging ,
Regulatory Requirements ,
State and Local Government ,
Warning Letters
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
DEA Announces New Guidance for Synthetic Cannabinoids -
On June 9, the U.S. Drug Enforcement Administration (DEA) issued a letter in response to a request for information about the scheduling status of minor and synthetic...more
Coalition Forms To Influence Scheduling Review Process -
As the Biden administration actively reviews the classification of cannabis under the Controlled Substances Act (CSA), a diverse group of cannabis companies and...more
SAFE Banking Updates -
The latest iteration of the bipartisan Secure and Fair Enforcement (SAFE) Banking Act was reintroduced in Congress on April 26, 2023, and received a hearing before the Senate Banking Committee on May...more
SAFE Banking Gets a Senate Hearing -
The Senate Banking Committee has scheduled a hearing on May 11 for the bipartisan Secure and Fair Enforcement (SAFE) Banking Act. The hearing will involve both Republican and Democrat...more
Tenth Circuit Upholds Licensing Agency’s Discretion When Awarding Cannabis-Related Licenses -
The U.S. Court of Appeals for the Tenth Circuit upheld the dismissal of a suit on April 18, 2023, challenging the Utah...more
Rep. Earl Blumenauer (D-OR) introduced the Small Business Tax Equity Act (H.R. 2643) on April 17, 2023, a bill that will allow cannabis businesses to obtain tax write-offs for ordinary business expenses....more
US Sentencing Commission Seeks Amendment To Allow for More Lenient Treatment for People With Prior Cannabis Convictions -
The U.S. Sentencing Commission approved a series of amendments to current sentencing guidelines on...more
4/20/2023
/ Business Licenses ,
Cannabis Products ,
Criminal Convictions ,
Federal Sentencing Guidelines ,
Marijuana ,
New York ,
Regulatory Requirements ,
Retail Licenses ,
Retailers ,
State and Local Government ,
TRO
Two Bipartisan Bills Introduced to Regulate CBD -
Representatives Morgan Griffith (R-VA) and Angie Craig (D-MN) reintroduced the Hemp and Hemp-Derived Cannabidiol (CBD) Consumer Protection and Market Stabilization Act of...more
Attorney General Garland Testifies Before Senate Judiciary Committee -
U.S. Attorney General Garland testified before the Senate Judiciary Committee on March 1, 2023. In response to a question from Sen. Cory Booker (D-NJ),...more
3/21/2023
/ Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Food and Drug Administration (FDA) ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Proposed Regulation ,
State and Local Government ,
THC
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
Seattle Federal Court Dismisses Dormant Commerce Clause Challenge -
A Seattle-based federal court dismissed a challenge to a state residency requirement to hold equity in Washington state cannabis businesses. The...more
Tough economic conditions are leaving cannabis businesses with fewer financing and transaction options. Chapter 11 bankruptcy, a tool which many businesses have used to reorganize or liquidate, has historically been...more
The U.S. Food and Drug Administration (FDA) recently released new guidance on sourcing and product quality to companies conducting clinical research related to the development of human drugs involving cannabis or...more
2/6/2023
/ Cannabis Products ,
Clinical Trials ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
New Guidance ,
NIDA ,
Regulatory Standards ,
Research and Development ,
THC
FDA Rejects Citizen Petitions, Declines To Regulate CBD as a Dietary Supplement -
The U.S. Food and Drug Administration (FDA) announced its conclusion that a new regulatory pathway for cannabidiol (CBD) is needed on...more
2/3/2023
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cause of Action Accrual ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Dismissals ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Legalization ,
Marijuana ,
Marijuana Cultivation ,
Proposed Regulation ,
Recreational Use ,
RICO ,
Virgin Islands