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Cannabis Legal Report - March 2023 #2

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

Cannabis Legal Report - March 2023

Cannabis: In Focus - - DEA Classifies Two Lab-Derived Cannabinoids as Schedule I - Washington Federal Judge Dismisses Suit Challenging Residency Requirements...more

FDA Releases Guidance on Clinical Research into Cannabis-Derived Drugs

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

Cannabis Legal Report - January 2023 #2

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

Preventing Accidental Exposure of Illicit Cannabis Products to Underage Consumers

Earlier this month, the medical journal Pediatrics published a new study analyzing reports of accidental child exposure to cannabis edibles from 2017 – 2022, finding that the number of young children accidentally ingesting...more

Oregon Finalizes New Regulations To Implement Psilocybin Services Act

Oregon became the first state to offer controlled use of psilocybin to the public on January 1, 2023. Psilocybin is a Schedule I psychoactive substance that is illegal at the federal level. Notwithstanding this federal...more

Cannabis Legal Report - January 2023

New York City Attempts to Crack Down on Illicit Cannabis Market - During a council hearing on Jan. 18, 2023, New York City lawmakers and law enforcement officials discussed the need for tackling the city’s illicit cannabis...more

On the Menu: Food Allergen Disclosures for Restaurants and Food Service

Federal law already requires disclosure of the nine major food allergens on packaged food products: milk, eggs, fish, seafood, peanuts, tree nuts, wheat, soy, and sesame. However, businesses that sell unpackaged food at...more

Congress Passes Major Update to Federal Cosmetics Regulation

Buried within the thousands of pages of the Consolidated Appropriations Act of 2023 is the most significant statutory expansion to the U.S. Food and Drug Administration’s (FDA) authority over cosmetics since 1938...more

Will The New Year Finally Bring FDA Guidance on CBD?

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

FDA Issues New Warning Letters to Companies Making CBD and Delta-8 THC Edibles

On November 16, 2022, the Food and Drug Administration (FDA) issued five new warning letters to various companies making edible products containing cannabidiol (CBD) and/or Delta-8-tetrahydrocannabinol (THC)...more

Cannabis Legal Report­­ - October 2022

Cannabis Testing Companies Facing State Regulatory Scrutiny in Nevada and Florida - FDA Appoints Former State Cannabis Policy Regulator as New Cannabis Advisor - DOJ Responds to Florida Lawsuit Challenging Federal...more

House Passes Bill to Expand Cannabis and CBD Research

In late July, the U.S. House of Representatives passed H.R. 8454, the Medical Marijuana and Cannabidiol Research Expansion Act (Research Expansion Act). A similar version of the bill, S. 253, passed the Senate earlier this...more

State AGs Call for Congressional Action on Copycat THC Edibles

More than 20 state attorneys general (AGs) authored an open letter to congressional leaders calling for legislation that would regulate tetrahydrocannabinol (THC) edibles that mimic the packaging and names of popular...more

Cannabis Legal Report - June 2022

Cannabis: In Focus - • Candy Companies Defend Their Trademarks, Consider THC Copycat Products a Health Hazard • Iowa Supreme Court Upholds Possession Conviction, Even With Out-of-State Registry Card... ...more

FDA Issues New CBD Warning Letters for Animal Products

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

Ninth Circuit Rules on Legality of Delta-8 THC Products

On May 19, 2022, the U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion holding that Delta-8 THC products are legal at the federal level and eligible for intellectual property protection...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

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

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

The Food & Beverage Industry and the COVID-19 Pandemic

The global pandemic has affected not only how individuals work but also the way companies supply food, how consumers shop, and how regulators try to alleviate food shortages during the pandemic. Here are some of the biggest...more

Coffee Regulations Offer Affirmative Defense in Proposition 65 Suit

On July 15, 2020, a California state court made an important ruling upholding the validity and application of regulations exempting coffee from Proposition 65 warnings. Better known as Proposition 65, the California’s...more

FDA Releases Report to Congress on CBD Labeling

The U.S. Food and Drug Administration (FDA) submitted a report to Congress on July 8, 2020, providing an analysis of the cannabidiol (CBD) marketplace. The submission was in response to the Further Consolidated Appropriations...more

Industry Insights: Day One of the 5th Annual Food Law CLE Conference

On March 2, 2020, CLE International held the first day of Food Law: Navigating the Intersection Between Regulation of Litigation. Now in its fifth year, the conference convenes individuals from the plaintiffs’ bar, academia,...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

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