SAFER Banking Act Heads to Senate Floor -
On September 27, the Secure and Fair Enforcement Regulation (SAFER) Banking Act (S.2860) was reported out from the Senate Committee on Banking, Housing, and Urban Affairs with...more
State Cannabis Regulators Urge Congress to Act on Hemp -
The Cannabis Regulators Association (CANNRA) issued an open letter on September 15, 2023, calling on Congress to enact regulations that address safety concerns for...more
10/4/2023
/ Bankruptcy Court ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Hemp ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
NLRB ,
Proposed Legislation ,
Unions
New York State Regulators Approve Final Adult-Use Regulations as Judge Bars New York State From Issuing New Cannabis Licenses -
On September 12, state regulators approved final adult-use regulations and set October 4 as...more
9/15/2023
/ Agribusiness ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
New York ,
State and Local Government ,
USDA
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
FDA and FTC Issue Cease and Desist Letters to Companies Selling Delta-8 Edibles -
On July 5, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) jointly sent cease and desist letters to six companies...more
7/17/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Cease and Desist Orders ,
Controlled Substances Act ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Investigations ,
Labeling ,
Marijuana ,
Marijuana Related Businesses ,
Product Packaging ,
Regulatory Requirements ,
State and Local Government ,
Warning Letters
Oregon is the first state in the country to offer controlled use of psilocybin to the public. As we detailed in a prior Update, the state had finalized regulations. Now, the state has licensed its first psilocybin service...more
7/14/2023
/ California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Colorado ,
Controlled Substances ,
Food and Drug Administration (FDA) ,
Healthcare ,
Laboratories ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Oregon ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government
DEA Announces New Guidance for Synthetic Cannabinoids -
On June 9, the U.S. Drug Enforcement Administration (DEA) issued a letter in response to a request for information about the scheduling status of minor and synthetic...more
As the Biden administration actively reviews the classification of cannabis under the Controlled Substances Act (CSA), a diverse group of cannabis companies and organizations is partnering with scientific and legal...more
SAFE Banking Updates -
The latest iteration of the bipartisan Secure and Fair Enforcement (SAFE) Banking Act was reintroduced in Congress on April 26, 2023, and received a hearing before the Senate Banking Committee on May...more
SAFE Banking Gets a Senate Hearing -
The Senate Banking Committee has scheduled a hearing on May 11 for the bipartisan Secure and Fair Enforcement (SAFE) Banking Act. The hearing will involve both Republican and Democrat...more
Tenth Circuit Upholds Licensing Agency’s Discretion When Awarding Cannabis-Related Licenses -
The U.S. Court of Appeals for the Tenth Circuit upheld the dismissal of a suit on April 18, 2023, challenging the Utah...more
Two Bipartisan Bills Introduced to Regulate CBD -
Representatives Morgan Griffith (R-VA) and Angie Craig (D-MN) reintroduced the Hemp and Hemp-Derived Cannabidiol (CBD) Consumer Protection and Market Stabilization Act of...more
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
3/21/2023
/ Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Food and Drug Administration (FDA) ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Proposed Regulation ,
State and Local Government ,
THC
Seattle Federal Court Dismisses Dormant Commerce Clause Challenge -
A Seattle-based federal court dismissed a challenge to a state residency requirement to hold equity in Washington state cannabis businesses. The...more
Tough economic conditions are leaving cannabis businesses with fewer financing and transaction options. Chapter 11 bankruptcy, a tool which many businesses have used to reorganize or liquidate, has historically been...more
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
1/27/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Food and Drug Administration (FDA) ,
Healthcare ,
Laboratories ,
Legislative Agendas ,
Licensing Rules ,
Manufacturers ,
New Legislation ,
New Regulations ,
Oregon ,
Regulatory Agenda ,
Schedule I Drugs ,
State and Local Government
The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and...more
1/27/2023
/ Appeals ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Class Action ,
Disclosure ,
Enforcement ,
Investigations ,
Investment ,
Investors ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Motion to Dismiss ,
New York ,
Public Statements ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Remand ,
Securities and Exchange Commission (SEC) ,
Vacated
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
1/25/2023
/ Banking Sector ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Coronavirus/COVID-19 ,
Decriminalization of Marijuana ,
Federal Reserve ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Benefits ,
New Legislation ,
Recreational Use ,
Regulatory Agenda ,
State and Local Government ,
Warning Letters
A December 2022 survey from Data for Progress reports that American voters, regardless of political affiliation, support federal cannabis legalization. Specifically, 75% of Democrats, 67% of independents, and 52% of...more
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
Biden Signs Historic Cannabis Research Bill Into Law -
On December 2, 2022, President Biden signed the bipartisan Medical Marijuana and Cannabidiol Research Expansion Act...more
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
11/29/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
Farm Bill ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Regulatory Agenda ,
THC
Election Round-up: Two States Approve, Three Reject Adult-Use Cannabis Referendums -
Northern District of New York Rules on Dormant Commerce Clause and Adult-Use Retail Licenses in New York...more
A California state appeals court affirmed a bong maker’s win in a suit alleging it violated California’s Proposition 65 (Prop. 65) by failing to warn consumers that its products expose them to marijuana smoke that could cause...more
On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more
8/22/2022
/ Appeals ,
Cannabis-Related Businesses (CRBs) ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Federal v State Law Application ,
Interstate Commerce ,
Medical Marijuana ,
Out-of-State Companies ,
Residency Requirements ,
State and Local Government ,
State of Residency