In late July, the U.S. House of Representatives passed H.R. 8454, the Medical Marijuana and Cannabidiol Research Expansion Act (Research Expansion Act). A similar version of the bill, S. 253, passed the Senate earlier this...more
8/16/2022
/ Biden Administration ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Legalization ,
Medical Marijuana ,
National Institute of Health (NIH) ,
Proposed Legislation ,
Research and Development
A class-action lawsuit was filed on July 12 in the U.S. District Court for the Eastern District of Arkansas alleging that cannabis testing companies inflated the amount of THC found in cannabis flower...more
A group of 11 professional golfers launched an antitrust suit in the U.S. District Court for the Northern District of California against the PGA Tour, Inc. (the PGA Tour) on August 3, 2022...more
Minnesota Legalizes Edibles Containing THC -
A Minnesota law went into effect on July 1, 2022, that may be the most significant step toward cannabis legalization in the state to date. The law, which was passed in June,...more
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
7/15/2022
/ California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Clinical Laboratory Testing ,
Comment Period ,
Marijuana ,
Marijuana Related Businesses ,
NCLC ,
Proposed Regulation ,
State and Local Government ,
THC
More than 20 state attorneys general (AGs) authored an open letter to congressional leaders calling for legislation that would regulate tetrahydrocannabinol (THC) edibles that mimic the packaging and names of popular...more
Cannabis: In Focus -
• New Mexico class action calls for insurance coverage for medical cannabis
• Bicameral attempt to legislate bipartisan cannabis omnibus package
• Oregon ban on “artificially derived cannabinoids”...more
As the legal cannabis market continues to expand, and potential federal legalization and inevitable interstate commerce loom on the horizon, it is imperative that federal agencies address the discrepancies among state testing...more
7/11/2022
/ Cannabis Products ,
Clinical Laboratory Testing ,
Decriminalization of Marijuana ,
Legalization ,
Legislative Agendas ,
Marijuana ,
NCLC ,
Regulatory Agenda ,
Regulatory Oversight ,
State and Local Government ,
State Legislatures
Florida Lawsuit Challenges Federal Regulations Regarding Firearm Purchases for Medical Cannabis Patients -
Following a recent Supreme Court ruling, the Department of Justice (DOJ) has asked for more time to respond to a...more
7/8/2022
/ Cannabis Products ,
Controlled Substances ,
Department of Justice (DOJ) ,
Firearms ,
Florida ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Maryland ,
Medical Marijuana ,
Second Amendment ,
State and Local Government ,
Texas
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
6/30/2022
/ Cannabis-Related Businesses (CRBs) ,
Financial Institutions ,
Financial Services Industry ,
Legislative Agendas ,
Lending ,
Marijuana Related Businesses ,
New Legislation ,
Popular ,
Proposed Legislation ,
SAFE Act ,
Safe Harbors ,
Securities
Cannabis: In Focus -
• Candy Companies Defend Their Trademarks, Consider THC Copycat Products a Health Hazard
• Iowa Supreme Court Upholds Possession Conviction, Even With Out-of-State Registry Card... ...more
6/7/2022
/ Cannabis Products ,
Convictions ,
Drug Possession ,
Food and Drug Administration (FDA) ,
IA Supreme Court ,
Intellectual Property Protection ,
Out-of-State Judgments ,
THC ,
Trademark Infringement ,
Trademarks ,
Validity
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
6/1/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Financial Institutions ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
New Regulations ,
Proposed Regulation ,
SAFE Act ,
State and Local Government ,
State Legislatures
On May 26, the FDA issued warning letters to four companies alleging that the companies sold unapproved animal drugs containing cannabidiol (CBD). Specifically, these products were intended for use in food-producing...more
On May 19, 2022, the U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion holding that Delta-8 THC products are legal at the federal level and eligible for intellectual property protection...more
5/20/2022
/ Appeals ,
Controlled Substances ,
Farm Bill ,
Federal Trademark Register ,
Food and Drug Administration (FDA) ,
Hemp ,
Legalization ,
New Legislation ,
New Regulations ,
Regulatory Oversight ,
State and Local Government ,
THC ,
Warning Letters
On May 13, the FDA issued a public warning regarding reports of accidental ingestion of food products containing tetrahydrocannabinol (THC) by children. The FDA warned that edible products containing THC “can be easily...more
California enacted statute AB 45 in October 2021, authorizing the use of hemp and hemp-derived cannabidiol (CBD) in food, beverages, dietary supplements, and cosmetics at the state level. Now, state regulators have proposed...more
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
5/4/2022
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dietary Supplements ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Health Claims ,
Marijuana Related Businesses ,
Product Labels ,
Warning Letters
On November 12, President Biden announced his intention to nominate Dr. Robert Califf as Commissioner of the U.S. Food and Drug Administration (“FDA”). Dr. Califf, a cardiologist, previously served as FDA Commissioner in the...more
A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and claimed that the boxes of the challenged...more
Food litigation filings have risen significantly in the recent past. According to data collected by Perkins Coie, even with the pandemic, filings targeting the food and beverage industry have seen record levels in 2020 and...more
Key Takeaway: As consumer demand for “sustainable” products grows, so does the risk of litigation challenging sustainability claims on advertising and packaging. As one recent case shows, failure to plead actual reliance can...more
From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues. As...more
7/21/2021
/ Corporate Governance ,
Corporate Social Responsibility ,
Customers ,
Disclosure Requirements ,
Employees ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Investment ,
Investors ,
Regulatory Oversight ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Sustainability
On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect the warning requirements for products that cause exposure to cannabis...more
3/25/2021
/ Cancer ,
Cannabis Products ,
Comment Period ,
Disclosure Requirements ,
OEHHA ,
Proposed Regulation ,
Proposition 65 ,
Safe Drinking Water Act ,
State and Local Government ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings. Proposition...more
1/14/2021
/ Consumer Product Companies ,
Distributors ,
Manufacturers ,
Notice and Comment ,
Notice Requirements ,
OEHHA ,
Proposed Regulation ,
Proposition 65 ,
State and Local Government ,
Toxic Chemicals ,
Toxic Exposure ,
Warning Labels
Proposition 65 warning requirements announced last year are set to be enforced starting January 3, 2021; if your business is selling cannabis products in California, now is the time to ensure that your labeling complies with...more