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
12/13/2022
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Enforcement ,
Farm Bill ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
State and Local Government ,
Warning Letters
Welcome to the second installment of the Editors’ Roundtable, in which our editors – Whitt Steineker, Jay Wright, Hunter Robinson, and Slates Veazey – discuss cannabis issues in the news and take a stab at where the cannabis...more
10/5/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Hemp Cultivation ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Regulatory Agenda ,
Regulatory Oversight ,
State and Local Government
The changes in the cannabis industry in Southeastern United States represent some of the most surprising and remarkable changes in the history of the industry...
Originally published by Bloomberg Law....more
9/15/2022
/ Alabama ,
Arkansas ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Florida ,
Georgia ,
Louisiana ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
North Carolina ,
Proposed Legislation ,
State and Local Government ,
State Legislatures ,
Tennessee
One of the largest headwinds facing the cannabis industry is the lack of access to banking services. Many financial institutions refuse to serve the multibillion-dollar cannabis industry given the regulatory uncertainty...more
6/22/2022
/ Banking Regulators ,
BSA/AML ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Financial Institutions ,
Financial Services Industry ,
FinCEN ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Popular ,
SAFE Act ,
Suspicious Activity Reports (SARs)
When Neil Young wrote that “Southern change gonna come at last,” he wasn’t talking about cannabis— but he might as well have been in light of the recent and extraordinary developments in the cannabis industry in the southern...more
5/16/2022
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Constitutional Challenges ,
Dispensaries ,
Healthcare ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Proposed Legislation ,
State and Local Government ,
State Legislatures
Texas’s cannabis industry can breathe a momentary sigh of relief. Delta-8 THC, the increasingly popular hemp-derived cannabinoid that produces effects similar to Delta-9 THC, has been removed from Texas’s list of Schedule I...more
11/12/2021
/ Administrative Procedure Act ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Centers for Disease Control and Prevention (CDC) ,
Controlled Substances ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana Related Businesses ,
State and Local Government ,
Texas ,
THC
The SAFE Banking Act passed in the U.S. House of Representatives for the fifth time on September 23, 2021. This landmark legislation would pave the way for more financial institutions to serve the state-legal cannabis...more
Despite the cannabis industry’s explosive growth, many financial institutions have been hesitant to transact with cannabis-related businesses given the ambiguity created by divergent state and federal cannabis laws. The SAFE...more
We recently wrote that Alabama is on the cusp of enacting a medical cannabis program. Today we turn our focus to a key aspect of the current proposal – the requirement that applicants for limited cultivator and integrated...more
On Friday, the USDA published a long, long awaited Final Rule regulating the production of hemp in the United States. The Final Rule, which arrives more than two years after Congress first allowed for the widespread...more
Tennessee’s hemp industry is growing fast, and you want in on the action. You have your big idea and a business plan ready. But at some point, you begin to wonder whether you should be thinking about any legal issues as you...more
9/9/2020
/ Banking Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Corporate Entities ,
Employment Policies ,
Food and Drug Administration (FDA) ,
Funding ,
Hemp ,
Insurance Industry ,
Intellectual Property Protection ,
Licenses ,
Marijuana Related Businesses ,
Supply Contracts ,
Tax Planning
So, you want to start a hemp company. You have your big idea and a business plan ready. At some point, though, you begin to wonder whether you should be thinking about any legal issues as you get your company off the...more
7/22/2020
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Contracts ,
Emerging Growth Companies ,
Employment Practices Liability Coverage ,
Funding ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Licenses ,
Manufacturers ,
Marijuana Related Businesses ,
Popular ,
Regulatory Oversight ,
Retail Market ,
Suppliers
The U.S. Food and Drug Administration (FDA) sent a shot across the bow of the cannabidiol (CBD) industry on November 25. The FDA disclosed that it issued warning letters to 15 companies “for illegally selling products...more
11/27/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dietary Supplements ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels
On Tuesday, the Federal Trade Commission (FTC) sent warning letters to three companies that sell cannabidiol (CBD) products regarding the health claims found in the companies’ advertisements. The FTC did not make the letters...more
9/12/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Product Labels ,
Warning Letters
Cannabidiol (CBD) – a non-psychoactive component of cannabis with numerous claimed health benefits – has steadily grown in popularity in recent years. This upward trajectory went into overdrive with the passage of the...more
7/25/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Manufacturers ,
Marijuana Related Businesses ,
Marketing ,
Product Labels
On January 17, 2018, Florida’s new governor, Ron DeSantis, delivered news that could supercharge the growth of Florida’s medical-cannabis industry. Governor DeSantis indicated he may drop the State’s appeal from a trial...more
2/5/2019
/ Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Smoking Bans ,
State Constitutions ,
Vertical Integration
For years, the “legal” cannabis industry – operating in states that have legalized cannabis under state law despite its long-standing prohibition under federal law – and the financial institutions that serve the industry have...more
Since 1996, when California became the first state to legalize marijuana (at the time, for medicinal purposes only), 28 additional states and the District of Columbia have legalized marijuana to some extent. Public support...more
5/29/2018
/ Banking Sector ,
BSA/AML ,
Cole Memorandum ,
Criminal Prosecution ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Dispensaries ,
FDIC ,
Financial Institutions ,
Financial Services Industry ,
FinCEN ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Policy Memorandums ,
Regulatory Standards ,
Suspicious Activity Reports (SARs) ,
Trump Administration