Two recent developments at the federal level are intended to encourage more food donations. First, President Biden signed the Food Donation Improvement Act (FDIA), which expands Good Samaritan liability protections. Second,...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
Cannabis: In Focus -
- DEA Classifies Two Lab-Derived Cannabinoids as Schedule I
- Washington Federal Judge Dismisses Suit Challenging Residency Requirements...more
3/7/2023
/ Appeals ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Litigation ,
DEA ,
Dismissals ,
Food and Drug Administration (FDA) ,
Investors ,
Licenses ,
Marijuana ,
Non-Residents ,
Schedule I Drugs ,
THC ,
Washington
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
The U.S. Department of Agriculture (USDA) announced on January 18, 2023, that it has issued a new final rule titled Strengthening Organic Enforcement (the SOE Rule). The new regulation becomes effective on March 20, 2023, and...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
The U.S. Food and Drug Administration (FDA) recently released new guidance on sourcing and product quality to companies conducting clinical research related to the development of human drugs involving cannabis or...more
2/6/2023
/ Cannabis Products ,
Clinical Trials ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
New Guidance ,
NIDA ,
Regulatory Standards ,
Research and Development ,
THC
FDA Rejects Citizen Petitions, Declines To Regulate CBD as a Dietary Supplement -
The U.S. Food and Drug Administration (FDA) announced its conclusion that a new regulatory pathway for cannabidiol (CBD) is needed on...more
2/3/2023
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cause of Action Accrual ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Dismissals ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Legalization ,
Marijuana ,
Marijuana Cultivation ,
Proposed Regulation ,
Recreational Use ,
RICO ,
Virgin Islands
Earlier this month, the medical journal Pediatrics published a new study analyzing reports of accidental child exposure to cannabis edibles from 2017 – 2022, finding that the number of young children accidentally ingesting...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
Federal law already requires disclosure of the nine major food allergens on packaged food products: milk, eggs, fish, seafood, peanuts, tree nuts, wheat, soy, and sesame. However, businesses that sell unpackaged food at...more
1/19/2023
/ Disclosure Requirements ,
Employee Training ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Grocery Stores ,
Hospitality Industry ,
Product Packaging ,
Regulatory Requirements ,
Restaurant Industry ,
Retail Market
Buried within the thousands of pages of the Consolidated Appropriations Act of 2023 is the most significant statutory expansion to the U.S. Food and Drug Administration’s (FDA) authority over cosmetics since 1938...more
1/9/2023
/ Advertising ,
Beverage Manufacturers ,
Chemicals ,
Consolidated Appropriations Act (CAA) ,
Cosmetics ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Manufacturers ,
PFAS ,
Proposed Regulation ,
Regulatory Requirements ,
Toxic Chemicals
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
Cannabis: In Focus -
Cannabis Banking Reform Possible During Lame-Duck Session -
Nevada Court Removes Cannabis from State’s Controlled Substances List...more
Cannabis Testing Companies Facing State Regulatory Scrutiny in Nevada and Florida -
FDA Appoints Former State Cannabis Policy Regulator as New Cannabis Advisor -
DOJ Responds to Florida Lawsuit Challenging Federal...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
Second Circuit Rules That Cannabis As a Schedule I Under CSA Is Constitutional -
This August, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s ruling that the government’s classification of...more
9/8/2022
/ Appeals ,
Appellate Courts ,
Cannabis Products ,
Controlled Substances Act ,
Fifth Amendment ,
Legislative Agendas ,
Medical Marijuana ,
Preliminary Injunctions ,
Reversal ,
Schedule I Drugs ,
State and Local Government ,
Vacated
Massachusetts Governor Signs Comprehensive Cannabis Regulation Bill -
On August 11, 2022, Massachusetts Governor Charlie Baker signed a bill (S. 3096) aimed at advancing social equity and diversity within the state’s...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