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In the Weeds: California Shuts Down Illegal Cannabis Operation, New York Bans Smoking in Public Parks

Newsworthy Highlights - California Shuts Down Illegal Cannabis Operation in Monterey County. Recently, officers with the California Department of Fish and Wildlife (CDFW) shut down an illegal cannabis and hemp operation...more

In the Weeds: Cannabis Clinical Trial Expands, Topicals Often Mislabeled, High Potency May Mean High Addiction

Newsworthy Highlights - Company to Expand Clinical Trial of Cannabis Therapy for Tourette Syndrome. A pharmaceutical company focusing on the development of therapies to treat disorders of the central nervous system...more

In the Weeds: D.C. Allows Adults to Self-Prescribe Medical Marijuana, NY Warnings, Oregon Bans Delta-8 THC Products

Newsworthy Highlights - D.C. Passes Emergency Bill Allowing Adults to Self-Prescribe Medical Marijuana. Recently, D.C. councilmembers unanimously voted to pass, and D.C. Mayor Muriel Bowser signed, an emergency bill...more

Considerations for Healthcare Entities and Employers After Roe v. Wade Reversal

On June 24, 2022, in a 6-3 decision, the U.S. Supreme Court upheld the state of Mississippi’s ban on abortions after 15 weeks of pregnancy. Five justices joined Justice Samuel Alito’s opinion for the Court, with Chief Justice...more

In the Weeds: Top Court Declines Workers’ Compensation Case, MLB Permits CBD Sponsorship, Buyer Beware Delta-9

Newsworthy Highlights - Supreme Court Refuses to Hear Medical Cannabis Workers’ Compensation Case. On June 21, 2022, the U.S. Supreme Court denied two petitions for a writ of certiorari brought by injured workers in...more

In the Weeds: FDA Warns Against CBD for Food-Producing Animals, Okla. Suspends Lab License, Calif. Launches Cannabis Access Map

Newsworthy Highlights - FDA Continues CBD Warnings; Sends Letters to Companies Selling CBD Products for Food-Producing Animals. On May 26, 2022, the U.S. Food and Drug Administration (FDA) issued warning letters to four...more

In the Weeds: FDA Delta-8 Warning, Cannabis Company Sponsorship, DoorDash Cannabis Delivery in Canada

Newsworthy Highlights - FDA Warns Companies Selling Delta-8 Products. On May 4, 2022, the U.S. Food and Drug Administration issued warning letters to five companies for selling products labeled as containing delta-8...more

FDA Proposes Standards Banning Flavored Cigars and Menthol Cigarettes

On April 28, 2022, the U.S. Food and Drug Administration (FDA) released two proposed product standards that would ban all characterizing flavors in cigars and menthol flavoring in cigarettes. These proposed rules build...more

OIG Approves Physician-Owned Medical Device Company With Several Safeguards

On April 20, 2022, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion (no. 22-07) regarding physician ownership of a medical device company that manufactures...more

California Court: Fair Market Value Payments May Not Avert Anti-Kickback Liability

In February 2022, the U.S. District Court for the Central District of California denied a defendant’s motion to dismiss a qui tam action alleging that the defendant had violated the federal Anti-Kickback Statute (AKS). In its...more

In the Weeds: The 4/20 Edition — Va. Medical Use, Two Delta-8 Bans, NY Cannabis Banking and Tax Deductions

Newsworthy Highlights - Virginia Access to Medical Cannabis and Delta-8 Ban Moving Forward. Virginia Gov. Glenn Youngkin approved Senate Bill 591, which eliminates existing requirements for medical cannabis patients to...more

FDA Proposes National Standards for Wholesale Drug Distributors and Third-Party Logistics Providers

The U.S. Food and Drug Administration (FDA) is accepting comment until June 6, 2022, on its proposed rule, National Standards for the Licensure of Wholesale Drug Distributors and Third-Party Logistics Providers....more

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

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

Eye Care Practice Settles with Government for Employing Excluded Individual

On March 18, the Department of Justice (“DOJ”) and the Connecticut Attorney General announced that a Connecticut eye care practice and its owners had agreed to pay $192,699 to resolve allegations that the practice improperly...more

In the Weeds: Connecticut’s Licensing Lottery, Illinois’ Delays, Michigan Universities to Study Cannabis

Connecticut Accepts Unlimited Applications Through Cannabis License Lottery In February 2022, Connecticut’s Department of Consumer Protection (DCP) started accepting applications for certain cannabis licenses for a period of...more

Senators Propose Commission on Health Data Use and Privacy Protection to Study Modernizing HIPAA

On Feb. 9, 2022, U.S. Senators Bill Cassidy (R-LA) and Tammy Baldwin (D-WI) introduced S. 3620, the Health Data Use and Privacy Commission Act. The bill proposes to create a Commission on Health Data Use and Privacy...more

In the Weeds: N.H. May Protect Worker Use; Feds Weigh Hemp THC Limits; Can Utility Power Marijuana Facilities?

Newsworthy Highlights - New Hampshire Opens Door to Accommodating Use of Medical Marijuana. On Jan. 14, 2022, a New Hampshire Supreme Court ruling opened the door to potentially allow cannabis prescribed in accordance with...more

Court Strikes HHS No Surprises Act’s Independent Dispute Resolution Procedures

On Feb. 23, 2022, the U.S. District Court for the Eastern District of Texas granted a motion for summary judgment in favor of the Texas Medical Association and Dr. Adam Corley, striking down a portion of an interim final rule...more

In the Weeds: Pennsylvania Says Don’t Inhale, Cease and Desist Letters in New York, Washington Robberies Cause Concern

Newsworthy Highlights - Pennsylvania Department of Health Bans Certain Vaporized Products. The Pennsylvania Department of Health Office of Medical Marijuana recently banned any cannabis product containing ingredients not...more

Will 2022 Be The Year? OIG’s 25 Top Recommendations to Reduce Healthcare Fraud

Every year the U.S. Department of Health and Human Services’ (HHS) Office of Inspector General (OIG) releases an annual Solutions to Reduce Fraud, Waste, and Abuse in HHS Programs: OIG’s Top Unimplemented Recommendations. HHS...more

FDA Guidance Clarifies Classification of Combination Drug-Device Products

In January 2022, the U.S. Food and Drug Administration (FDA) released finalized guidance on premarket pathways for combination products. While the guidance is not binding, it provides industry participants with valuable...more

CMS Vaccine Mandate Enforcement Begins — Understanding the Three Deadlines

On Jan. 13, 2022, the U.S. Supreme Court permitted the Centers for Medicare & Medicaid Services (CMS) to enforce its interim final rule requiring many Medicare- and Medicaid-certified providers and suppliers to vaccinate...more

In the Weeds: DEA Hemp Rule Dispute, Landowners Fined for Tenants’ Crop, Dispensary Workers Seek Union, Feds Address Marijuana Use

Newsworthy Highlights - Drug Enforcement Administration Asks Court to Dismiss Hemp Industries Association DEA Rule Challenge. On Nov. 29, 2021, the Drug Enforcement Administration (DEA) filed a pair of briefs for separate...more

Supreme Court Upholds CMS Vaccine Mandate: Next Steps for Healthcare Providers

Update (Jan. 15, 2022): After the Jan. 14, 2022, publication of this alert, the Centers for Medicare & Medicaid Services issued updated guidance to State Survey Agency directors providing 30 days (by Feb. 13) for facilities...more

In the Weeds: New Laws for 2022, Kansas Weighs Delta-8, Maine Appeals Dispensary Ruling, Nevada Approves Lounges

Newsworthy Highlights - Happy 2022! In The Weeds welcomes the new year, as well as a number of new cannabis laws and policies taking effect around the country in 2022. Below is a list of state law updates to look forward...more

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