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Cannabis Legal Report - October 2023

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

Cannabis Legal Report – October 2023

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

Cannabis Legal Report – September 2023

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

Cannabis Legal Report - August 2023

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

Cannabis Legal Report - July 2023

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

Cannabis Legal Report - June 2023 #2

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

Cannabis Legal Report - May 2023 #2

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

Cannabis Legal Report - May 2023

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

Cannabis Legal Report - April 2023 #2

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

Cannabis Legal Report - March 2023 #3

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

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 - February 2023

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

New York Cannabis Co. Investor Suit Survives Motion To Dismiss

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

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

Poll: Majority of American Voters Support Federal Legalization of Cannabis

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

Cannabis Legal Report – December 2022

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

Cannabis Legal Report - November 2022

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

California State Appeals Court Affirms Bong Maker’s Win in Prop. 65 Suit

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

California Proposes New Cannabis Lab Testing Regulations

On July 8, California’s Department of Cannabis Control (“DCC”) issued draft regulations looking to standardize cannabis testing across the state. According to a statement, the DCC issued the proposed regulations in reaction...more

CLIMB Act Introduced in Congress

Late last week, a bi-partisan pair of federal lawmakers introduced a new bill to expand cannabis companies’ access to financial resources and opportunities. Introduced by Reps. Troy Carter (D-La.) and Guy Reschenthaler...more

Where Is the SAFE Banking Act?

As Congress continues to debate the SAFE Banking Act, cannabis business and financial institutions should pay close attention to the bill’s potential to transform the accessibility of banking and payment processing solutions...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

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

Industry Insights: SAFE Banking Act Passes House, Aims to Increase Access of Cannabis-Related Businesses to Banking Services

Late last month, the U.S. House of Representatives passed H.R. 595, the Secure and Fair Enforcement Banking Act of 2019 (the “SAFE Banking Act”). The stated purpose of the SAFE Banking Act is to “increase public safety by...more

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