State attorneys general (AG) are continuing their push for cannabis banking reform, underscoring the need for action to promote public health and safety in legal cannabis markets. On Wednesday, a bipartisan group of 22 state...more
9/28/2023
/ Agribusiness ,
Banking Reform ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Marijuana Related Businesses ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
State Attorneys General
The Senate Banking Committee is scheduled to mark up a new version of the SAFE Banking Act, now known as the “Secure And Fair Enforcement Regulation Banking Act” or the SAFER Banking Act (SB 2860). The revised bill addresses...more
On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more
9/26/2023
/ Anti-Commandeering ,
Cannabis Products ,
Connecticut ,
Constitutional Challenges ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Federal v State Law Application ,
Legalization ,
Legislative Agendas ,
Preemption ,
Regulatory Oversight ,
State and Local Government ,
State Legislatures
On September 12, the New York Cannabis Control Board (CCB) approved final regulations governing the adult-use cannabis industry in New York, marking a long-awaited moment for industry participants and state regulators alike....more
9/26/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Deregulation ,
Dispensaries ,
Investment Opportunities ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New York ,
Real Party in Interest ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
State and Local Government
Over the last decade, hundreds of localities have passed ordinances restricting or prohibiting the sale of some or all types of tobacco products. Some of these ordinances have been challenged in court, but, in most cases, the...more
Last summer, we wrote about the Iowa Attorney General’s $133 million suit against the tobacco manufacturers that are signatories to the Master Settlement Agreement (MSA). Brought in Iowa state court, this suit alleged that...more
It has been widely reported and confirmed publicly that, on August 29, the U.S. Department of Health and Human Services (HHS) sent a letter to the Drug Enforcement Administration (DEA) recommending that cannabis be moved from...more
9/5/2023
/ Biden Administration ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Food and Drug Administration (FDA) ,
Marijuana ,
Medical Research ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Research and Development ,
Schedule I Drugs
On August 22, 2023, the Troutman Pepper Tobacco + Nicotine Team attended the Food and Drug Administration’s Center for Tobacco Products (“CTP”) virtual listening session on the development of CTP’s strategic plan. We...more
On August 18, 2023, a New York Supreme Court judge has enjoined New York cannabis regulators from further processing, approving, or investigating any new or pending applications for a state conditional adult-use retail...more
8/24/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Dormant Commerce Clause ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Motion To Enjoin ,
New York ,
NY Supreme Court ,
Regulatory Oversight ,
Separation of Powers ,
State and Local Government ,
Veterans
Oregon has enacted a new “equity assessment” upon non-signatories to the tobacco Master Settlement Agreement (MSA). We previously blogged about the bill’s introduction. The law replaces Oregon’s escrow deposit system,...more
The Food and Drug Administration’s Center for Tobacco Products (“CTP”) will hold a two-day public meeting on the agency’s premarket tobacco product application (“PMTA”) process. The meeting will be held October 23-24 and can...more
On August 9, 2023, Judge Amit P. Mehta of the US District Court for the District of Columbia issued his decision vacating the decision of the Food and Drug Administration (“FDA”) to “deem” premium cigars covered by FDA’s 2016...more
California Attorney General (AG) Rob Bonta is asking the Los Angeles County Superior Court to enter a civil forfeiture order allowing the state to collect unpaid taxes and fees from an unlicensed marijuana business by seizing...more
Florida-based cannabis inventory tracking vendor Metrc LLC is asking a Colorado state court to toss a dispensary’s lawsuit challenging its process for charging so-called “support fees” as violative of state anti-trust and...more
8/9/2023
/ Cannabis Products ,
Colorado ,
Consumer Protection Act ,
Dispensaries ,
Florida ,
Injunctive Relief ,
Marijuana ,
Marijuana Related Businesses ,
Popular ,
Radio Frequency Identification (RFID) ,
Regulatory Oversight ,
Tracking Systems
The Massachusetts Cannabis Control Commission’s first and only executive director is supposedly planning to leave the agency, which is in the midst of implementing the state’s new cannabis equity law, enacted in August 2022....more
8/4/2023
/ Administrative Resignation ,
Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Hospitality Industry ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Restaurant Industry ,
State and Local Government
Virginia’s new hemp-derived products statutes (Va. Code § 3.2-5145.1 et seq.) went into effect as of July 1, standing to drastically alter the availability of hemp-derived products in Virginia. ...more
The Food and Drug Administration (FDA) recently issued first-of-its kind draft guidance for investigational new drug (IND) applications involving psychedelic drugs. Citing the rise in interest in exploring the potential...more
FDA recently announced the issuance of warnings letters to 189 retailers found to be selling unauthorized tobacco products, specifically Elf Bars and Esco Bars....more
This is the fifth post in our multipart series evaluating the Food and Drug Administration’s (FDA’s) response to the Reagan-Udall Foundation report (the Report) on the operations of the Center for Tobacco Products (CTP). If...more
Recent Freedom of Information Act (FOIA) litigation raises an interesting question: When federal agency action requires analyses under a holistic, multi-factor statutory standard, may the agency withhold from disclosure as...more
The Virginia ABC will assess a regulatory scheme for liquid nicotine, with the consultation of stakeholders, and issue a report and recommendations.
On April 12, the Virginia General Assembly enacted House Bill 2296 and...more
On May 11, RJ Reynolds Tobacco Company, along with two convenience stores and the American Petroleum and Convenience Store Association, sued the California attorney general and district attorney for Fresno County in their...more
In this segment of our series evaluating FDA’s response to the Report, we review a subset of the Report’s recommendations and responses from two CTP Task Forces—Cross Cutting and Regulation and Guidance....more
Over the last several months, FDA and DOJ enforcement efforts have increasingly focused on manufacturers and distributors of vapor products covered by the Food, Drug, & Cosmetic Act and the PACT Act....more
In late November, the New Mexico attorney general announced a lawsuit in the Santa Fe County First Judicial District Court against Philip Morris USA Inc., R.J. Reynolds and other signatories to the tobacco master settlement...more