News & Analysis as of

Food and Drug Administration (FDA) Marijuana Hemp

Bradley Arant Boult Cummings LLP

Senate Proposal Would Closely Regulate, Not Ban Most Hemp Products

During this time of great tension and competition between the marijuana and hemp industries, it is refreshing to see efforts at compromise. The initial draft of the Cannabinoid Safety and Regulation Act, proposed last week by...more

Troutman Pepper

Virginia Takes Action Against Retailer Selling THC Products

Troutman Pepper on

On September 14, Virginia’s Attorney General (AG) Jason Miyares issued a letter to the registered agent of the Good Vibes Shop, a Radford, VA store, for selling tetrahydrocannabinol (THC) products without proper labeling and...more

Foley Hoag LLP - Cannabis and the Law

Senate Wades Into the Muddy Waters of Intoxicating Hemp

With the persisting uncertainty surrounding the next iteration of the Farm Bill and its treatment of hemp-derived consumable products, perhaps it should come as no surprise that legislators on Capitol Hill have proposed...more

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

Knobbe Martens on

In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more

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

Bradley Arant Boult Cummings LLP

Texas Regulators to Consider Changes to Consumable Hemp Program

The Texas Health and Human Services Commission, on behalf of the Texas Department of State Health Services, recently announced that it was accepting public comments to the current rules governing consumer hemp products in the...more

McDermott Will & Emery

Navigating Hemp THC Beverages

Nonalcoholic beverages infused with delta-9 tetrahydrocannabinol (THC) derived from hemp (aka intoxicating hemp beverages) are becoming increasingly popular for consumers looking for an alternative to alcohol....more

McGuireWoods LLP

FDA Warning Letter Declares Delta-8 and CBD Gummies ‘Adulterated Foods’

McGuireWoods LLP on

On Dec. 6, 2023, the U.S. Food and Drug Administration (FDA) sent a warning letter to the owners of online hemp, tetrahydrocannabinol (THC) and cannabidiol (CBD) retailer Hemp-xr.com for introducing adulterated foods into...more

Troutman Pepper

Cannabis Plain Packaging Rules: Examples and Opportunities

Troutman Pepper on

Much attention has recently been placed on hemp-derived products marketed in packaging that mimics popular snack foods. Originally published in Law360 - August 15, 2023....more

Husch Blackwell LLP

Cannabis Drinks Hit Total Wine

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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

Perkins Coie

Cannabis Legal Report - August 2023

Perkins Coie on

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

Bradley Arant Boult Cummings LLP

Good News, Bad News: Congress Wants to Help the Hemp Industry

Last week in a small hearing room in a House office building, the House Oversight and Accountability Subcommittee on Health Care and Financial Services held a hearing titled “Hemp in the Modern World: The Years long Wait for...more

Clark Hill PLC

FDA and CBD: No Pain Relief Anytime Soon for Industry

Clark Hill PLC on

The FDA held a “stakeholders” call on May 25 to present information on how it reached its present stance concerning CBD and to answer a few questions. FDA’s presentation included its assessment of survey data concluding that...more

Bradley Arant Boult Cummings LLP

The 2023 Farm Bill and the Future of Hemp

There is a moment in the movie Wall Street, just before a fresh-faced Charlie Sheen as Bud Fox interviews for a coveted position with a peak-of-his-fame Michael Douglas playing the iconic Gordon Gecko, where Sheen looks in...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

Perkins Coie

Cannabis Legal Report - January 2023 #2

Perkins Coie on

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

Bradley Arant Boult Cummings LLP

Warning Sign? A New Round of FDA Warning Letters Over CBD Consumer Confusion May Signal a Shift in Government Enforcement

FDA warning letters are nothing new in the cannabis industry. In fact, we here at Budding Trends have covered this topic a number of times (here, here, and here). Not resigned to playing the hits, however, the FDA issued a...more

Kaufman & Canoles

Forecasting the 2023 Farm Bill and the Potential Impact on the Hemp Industry

Kaufman & Canoles on

It is hard to believe that almost five years have passed since the 2018 Farm Bill (or The Agricultural Improvement Act of 2018, if you want to be formal) legalized industrial hemp and revolutionized an entire industry. Since...more

Troutman Pepper

FDA Hires Cannabis Policy Expert: Is a New CBD Regulatory Framework Around the Corner?

Troutman Pepper on

FDA has hired Norman Birenbaum, an experienced cannabis policy expert, as a senior public health advisor at the Center for Drug Evaluation and Research (CDER). The move signals the agency may soon develop a regulatory...more

Husch Blackwell LLP

That Ninth Circuit Delta-8 Opinion and What’s Followed – It’s Not a Green Light for Intoxicating Hemp, Part 3

Husch Blackwell LLP on

While AK Futures LLC v. Boyd St. Distro, LLC (9th Cir. May 19, 2022) may seem like a golden opportunity for companies in the intoxicating hemp market, it is unlikely to be much of a windfall beyond the near future. Those...more

Husch Blackwell LLP

That Ninth Circuit Delta-8 Opinion and What’s Followed – It’s Not a Green Light for Intoxicating Hemp, Part 2

Husch Blackwell LLP on

As mentioned in the first post of this series, it is unlikely that AK Futures LLC v. Boyd St. Distro, LLC (9th Cir. May 19, 2022) will be viewed as the conclusive victory that some in the delta-8 THC arena are hoping for. In...more

Bradley Arant Boult Cummings LLP

COVID and CBD Prove to be a Powder Keg for Federal Regulators

Cannabis operators (from marijuana to hemp-derived products such as CBD) often get the sense they are one of the central targets of the federal government’s reach. But they are not in the same league lately as the COVID-19...more

McGuireWoods LLP

In the Weeds: MORE Act Advances in Congress, Bright Green Registers Shares in U.S., FDA Warns CBD Sellers

McGuireWoods LLP on

Newsworthy Highlights - MORE Act Passes House Again. On April 1, 2022, the U.S. House of Representatives again passed the Marijuana Opportunity Reinvestment and Expungement Act (the MORE Act), a proposed piece of federal...more

Rivkin Radler LLP

Update on NYS Cannabinoid Licensing, Manufacturing and Labeling

Rivkin Radler LLP on

The New York State Office of Cannabis Management (OCM) has announced regulations concerning the manufacturing and labeling of cannabinoid hemp products, and the availability of an online portal to facilitate required state...more

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