News & Analysis as of

Cannabis Products Health and Safety

Bradley Arant Boult Cummings LLP

FDA Chief Says CBD Is Not NBD, Urges Congressional Action

Supporters of hemp-derived cannabidiol (CBD) who hoped the Food and Drug Administration would adopt a more progressive view of CBD were disappointed when FDA Chief Robert Califf recently testified that FDA does not consider...more

Seyfarth Shaw LLP

Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program

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Seyfarth Synopsis: The State of  Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with...more

Vicente LLP

The Duality of Cannabis Regulation According to INCB: How INCB Concludes that Cannabis Legalization Has Not Achieved Intended...

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Introduction- The International Narcotics Control Board (“INCB”) released its “Report of the International Narcotics Control Board for 2022 (E/INCB/2022/1)” (the “Report”), which dedicates an entire section to discussing the...more

Perkins Coie

Will The New Year Finally Bring FDA Guidance on CBD?

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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

Venable LLP

Up in Smoke: AB 2188 Outlaws Discrimination in Employment in California Based on Employees’ Off-Duty Cannabis Use (But It Doesn’t...

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​​​​​​​On September 18, 2022, Governor Gavin Newsom signed into law Assembly Bill 2188, aimed at preventing employers from penalizing workers for using marijuana during their off-work hours if such use does not impair them at...more

J.S. Held

Cannabis & THC: Understanding the Effects & Liability

J.S. Held on

State legalization of cannabis (i.e., marijuana) for medical and/or recreational use has spurred many questions regarding exposure concerns and drug testing concerns (e.g., what constitutes positive cannabis tests and how do...more

Perkins Coie

FDA Issues New CBD Warning Letters for Animal Products

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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

Perkins Coie

FDA Issues Public Warning Regarding Accidental Ingestion of THC Food Products

Perkins Coie on

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

Perkins Coie

FDA Issues New Warning Letters For Delta-8 and CBD Products

Perkins Coie on

Earlier today, May 4, 2022, the FDA issued warning letters to five companies selling products that contain delta-8 tetrahydrocannabinol (Delta-8 THC). Several of the companies also manufactured products containing...more

Butler Snow LLP

The Current State of Delta-8 Substances

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In recent months, Delta-8—a cannabinoid derived from the hemp plant—has emerged in Texas news. Delta-8 products have been sold in Texas since the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill,...more

Bradley Arant Boult Cummings LLP

Same As It Ever Was: FDA Reiterates That CBD Cannot Be Included in Food or Dietary Supplements

While we enter a new season this week, the same cannot be said for the FDA which, on November 16, reiterated that its approach to regulating the cannabidiol (CBD) industry will be “the same as it ever was”—a regulatory...more

Brownstein Hyatt Farber Schreck

AB 45 – Industrial Hemp Extracts in California: CBD and More!

The Gist: Assembly Bill 45, which is headed to the governor’s desk, expressly allows the sale of hemp-derived extracts, like CBD, that comply with testing and labeling standards. Although CBD products are already found in...more

Morgan Lewis - Well Done

Bipartisan Group of Senators Introduces Bill to Regulate Hemp and Hemp-Derived CBD in Food

US Senators Ron Wyden (D-Ore.), Rand Paul (R-Ky.), and Jeff Merkley (D-Ore.) introduced legislation on May 21 to ensure hemp-derived cannabidiol (CBD) is regulated by the US Food and Drug Administration (FDA) like other...more

Bennett Jones LLP

Recent Amendments to the British Columbia Health, Safety and Reclamation Code

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On April 1, 2021, as part of an ongoing review and revision process, seven amendments to the Health, Safety and Reclamation Code for Mines in British Columbia came into force. The Code, and its enabling statute, the Mines...more

Wilson Sonsini Goodrich & Rosati

FDA Cracks Down on Companies Listing CBD as an Inactive OTC Ingredient

On March 22, 2021, the U.S. Food and Drug Administration (FDA) issued warning letters to two companies, Honest Globe Inc. and Biolyte Laboratories LLC, for selling products labeled as containing cannabidiol (CBD) in ways that...more

Hogan Lovells

FDA signals uptick in enforcement with market sweep on depression claims

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On 19 February, 2021 the U.S. Food and Drug Administration (FDA) announced warning letters to ten companies for selling dietary supplements that claim to cure, treat, mitigate, or prevent depression and other mental health...more

Farrell Fritz, P.C.

Taxing Cannabis During The Pandemic

Farrell Fritz, P.C. on

How Are You Doing? How are you coping with social distancing? Are you working remotely? If so, has it been as “seamless” as you would have others believe? Have you snuck out to visit family or close friends, or have they...more

Epstein Becker & Green

Holding Pattern: Cannabis Industry Waits for FDA Regulatory Rulemaking - Diagnosing Health Care Podcast

This Diagnosing Health Care episode dives into the status of the Food and Drug Administration’s (“FDA’s”) plan for regulating cannabis and cannabis-derived products and what actions the agency has taken recently to make...more

The Rodman Law Group, LLC

Evidence Suggests CBD Potential in Treating COVID-19

Since the start of the ongoing outbreak, the cannabis industry has been the source of some debate as stakeholders and active consumers attempt to understand COVID-19’s far-reaching effects. Pulmonologists and lung experts...more

Seyfarth Shaw LLP

Some Things Never Change: COVID-19’s Impact on CBD (or Lack Thereof)

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Hemp production, unlike much of the farming industry, has not declined due to COVID-19.  Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19.  In turn, FDA and FTC...more

Foley & Lardner LLP

Implications for the Cannabis Industry Due to the Coronavirus

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As the coronavirus pandemic grips the United States, many state and local governments have enacted stay in place restrictions that limit not only routine personal activity but commercial activities as well. In the absence of...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 71: Shifting Regulatory Landscapes at the FDA: Cannabis, Vaping and Intelligent Medical Devices with Allison...

2019 ushered in numerous changes and new initiatives at the U.S. Food and Drug Administration (FDA). From the increasing popularity of cannabis use to the rapidly evolving nature of artificial intelligence in medical devices,...more

Seyfarth Shaw LLP

Seyfarth on CBD – February 2020 Update

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CBD continues to flourish in the markets despite lack of federal regulations, and we’ve identified some significant events that indicate there’s no sign it’s stopping. ...more

King & Spalding

FDA Releases Progress Report Regarding Enforcement Discretion Policy on Hemp-Derived Cannabidiol (CBD)

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Last week, FDA submitted a report to Congress detailing the Agency’s progress on developing an enforcement discretion policy (i.e., a policy of not taking enforcement action) on hemp-derived cannabidiol (CBD). At the same...more

Akin Gump Strauss Hauer & Feld LLP

FDA Submits Progress Report on Policy Development Related to CBD Products

Thursday, March 5th, the Food and Drug Administration (FDA) submitted a report to Congress providing an update on FDA action to develop an enforcement discretion policy and evaluate potential regulatory pathways for consumer...more

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