News & Analysis as of

Controlled Substances Act THC Cannabis Products

Holland & Knight LLP

Congress Advances Cannabis and Hemp Proposals

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Recent congressional activity highlights the changing environment for cannabis regulation. Specifically, U.S. Congress is moving forward with legislation that will change the regulation of hemp-derived products. The industry...more

Troutman Pepper

The Impact of Cannabis Rescheduling on State Laws and Regulations: Insights From CANNRA

Troutman Pepper on

In May, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking to transfer cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), a change that could significantly affect current...more

Troutman Pepper

Bridging Federal and State Cannabis Laws: Understanding the Impact of Proposed Changes and North Carolina’s Legislative Actions

Troutman Pepper on

Among the two most widely reported federal changes to cannabis regulation are the Department of Justice’s (DOJ) proposed regulation for the federal rescheduling of marijuana (the Proposed Rescheduling) and amendments to the...more

Troutman Pepper

21 State AGs Call on Congress to Regulate Intoxicating Hemp Products

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Attorneys general (AG) from 20 states and the District of Columbia have submitted a letter to Congress requesting that federal lawmakers close the “loophole” created by the 2018 Farm Bill that is widely understood to prohibit...more

McGlinchey Stafford

“Hemp-Derived” THC in Massachusetts: Navigating the Regulatory Maze

McGlinchey Stafford on

The recent proliferation of intoxicating hemp products containing “hemp-derived” THCs in Massachusetts restaurants, liquor stores, and convenience shops has sparked debate among state officials in determining whether these...more

Troutman Pepper

How Cannabis Cos. Are Adapting in Shifting Bankruptcy Arena

Troutman Pepper on

Although the possession and sale of cannabis remain federally illegal under the Controlled Substances Act, the U.S. Department of Justice has largely exercised a general policy of nonprosecution for state-regulated cannabis...more

Husch Blackwell LLP

What’s in Your “THC Beverages”?

Husch Blackwell LLP on

In November of last year, we wrote about how Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then (and probably before that), there’s been an influx of “THC Beverages” hitting the marketplace, and...more

Troutman Pepper

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

Troutman Pepper on

Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more

Husch Blackwell LLP

Cannabis Drinks Hit Total Wine

Husch Blackwell LLP on

Many states with cannabis legalization have manufacturer and dispensary licenses that make and sell cannabis-infused beverages and even cannabis-infused drink mixes. What you don’t usually see is a major liquor retailer...more

McGlinchey Stafford

Is THCA Legal? The State Line is the Bottom Line

McGlinchey Stafford on

Tetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal...more

Venable LLP

Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees

Venable LLP on

Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Latham & Watkins LLP

FDA Finalizes Quality Recommendations for Cannabis in Clinical Investigations

Latham & Watkins LLP on

FDA provides recommendations on sources of cannabis in clinical research, resources for information on quality, and control status considerations under the Controlled Substances Act. Key Points: ..The Food and Drug...more

Perkins Coie

FDA Releases Guidance on Clinical Research into Cannabis-Derived Drugs

Perkins Coie on

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

BakerHostetler

FDA Issues Guidance on Clinical Research with Cannabis

BakerHostetler on

On Jan. 23, the Food and Drug Administration (FDA) finalized industry guidance for clinical research using cannabis and cannabis-derived compounds, Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical...more

Holland & Hart LLP

The Great Delta-8 Debate: Many Shades of Grey?

Holland & Hart LLP on

Confused by the legal status of Delta-8? Why wouldn’t you be?… it is confusing. Delta-8 is a legally complicated derivative of the Cannabis Sativa plant. As the FDA acknowledges, “Delta-8 THC is one of over 100 cannabinoids...more

Cozen O'Connor

States Must Step Up to Fill Federal Delta-8 Loophole

Cozen O'Connor on

When Congress passed the Farm Act in 2018, removing hemp and hemp-derived products from the definition of marijuana in the Controlled Substances Act, many argued that Congress inadvertently legalized delta-8—a psychoactive...more

Bradley Arant Boult Cummings LLP

Planting the Seeds: The Present State and Potential Prospects of Medical Cannabis in Tennessee

In 1996, California became the first state to legalize medical cannabis. Since then, 36 states (and four U.S. territories) have followed suit, keeping pace with rapidly evolving policies and attitudes toward cannabis. In...more

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