March has been a big month for cannabis reform and the $40 billion state-regulated marketplace.
President Biden mentioned cannabis reform and his administration’s efforts to reschedule the substance in his State of the...more
3/25/2024
/ Biden Administration ,
Cannabis Products ,
DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government
After Tuesday’s election, Ohio is the latest state to legalize adult-use cannabis despite opposition from Republican Governor Mike DeWine and several trade groups.
Voters approved State Issue 2 with 57% voting in favor...more
This report is a bite-sized version of our annual year in review, providing timely insights on quarterly trends. In Q3 2023, the Consumer consumer Packaged packaged Goods goods (CPG) industry continued to face a meaningful...more
11/8/2023
/ Beverage Manufacturers ,
Class Action ,
Consumer Product Companies ,
Cosmetics ,
Dietary Supplements ,
Food Manufacturers ,
Litigation Strategies ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government
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
VA Continues to Prohibit Doctors from Prescribing Cannabis to Veteran Patients -
The U.S. Department of Veterans Affairs (VA) issued a directive, consistent with a previous directive released in 2017, which prevents...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
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
US Sentencing Commission Seeks Amendment To Allow for More Lenient Treatment for People With Prior Cannabis Convictions -
The U.S. Sentencing Commission approved a series of amendments to current sentencing guidelines on...more
4/20/2023
/ Business Licenses ,
Cannabis Products ,
Criminal Convictions ,
Federal Sentencing Guidelines ,
Marijuana ,
New York ,
Regulatory Requirements ,
Retail Licenses ,
Retailers ,
State and Local Government ,
TRO
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
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
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
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
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
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
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
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
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
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 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 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