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Cannabis Legal Report - November 2022

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

California State Appeals Court Affirms Bong Maker’s Win in Prop. 65 Suit

A California state appeals court affirmed a bong maker’s win in a suit alleging it violated California’s Proposition 65 (Prop. 65) by failing to warn consumers that its products expose them to marijuana smoke that could cause...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

Cannabis Legal Report - June 2022 #2

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

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

Cannabis Legal Report - July 2022

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

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 Public Warning Regarding Accidental Ingestion of THC Food Products

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

Proposition 65 Labeling Obligations Anticipated for CBD Products Containing THC

California’s Office of Environmental Health Hazard Assessment (OEHHA) added ?9-tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California. Proposition 65,...more

Multiple CBD Class Actions Filed With More Expected

On the heels of the U.S. Food and Drug Administration’s (FDA) recent declarations regarding the safety of products containing cannabidiol (CBD), several companies have been hit with class action lawsuits alleging that that...more

FDA Declines to Conclude CBD is Safe and Sends Flurry of Warning Letters

On November 25, 2019, the U.S. Federal Drug Administration (FDA) took several significant actions regarding sellers of products containing cannabidiol (CBD). The FDA announced that it cannot conclude that CBD is “generally...more

Industry Insights: SAFE Banking Act Passes House, Aims to Increase Access of Cannabis-Related Businesses to Banking Services

Late last month, the U.S. House of Representatives passed H.R. 595, the Secure and Fair Enforcement Banking Act of 2019 (the “SAFE Banking Act”). The stated purpose of the SAFE Banking Act is to “increase public safety by...more

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