News & Analysis as of

Cannabidiol (CBD) oil Cannabis Products

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

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North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

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In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more

Adams and Reese LLP

Tennessee Rolls Out New Licensing and Rules for CBD Products

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Technically, it is illegal to sell CBD in Tennessee without a license beginning today. The Tennessee Department of Agriculture states: “From July 1 until September 30, 2024, we will issue licenses and conduct outreach to...more

Bowditch & Dewey

Alcoholic Beverages Control Commission Issues Advisory Concerning Immediate Removal of Food and Beverages Containing Hemp Derived...

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On May 30, 2024, the Alcoholic Beverages Control Commission (“ABCC”) issued an advisory (“Advisory”) in connection with the joint notice issued by the Massachusetts Department of Public Health (“MDPH”) and the Massachusetts...more

McGlinchey Stafford

Texas Politicians Take Aim at Hemp-Derived THC

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On April 11, 2024, Texas Lt. Governor Dan Patrick released his 2024 Interim Legislative Charges. This list indicates his goals for the upcoming legislative session, and among his priorities ahead of the 2025 Texas Legislative...more

Foley & Lardner LLP

FDA Continues to Take Stance That it Will Not Issue CBD Rules

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The U.S. Food and Drug Administration (FDA) recently doubled down on its January 26, 2023 position that existing regulatory pathways for foods and dietary supplements are not appropriate to manage the risks of cannabidiol...more

Bradley Arant Boult Cummings LLP

FDA Chief Says CBD Is Not NBD, Urges Congressional Action

Supporters of hemp-derived cannabidiol (CBD) who hoped the Food and Drug Administration would adopt a more progressive view of CBD were disappointed when FDA Chief Robert Califf recently testified that FDA does not consider...more

Husch Blackwell LLP

Cannabis Law Now Podcast: THC Infused Beverages: Cantrip's Journey Through the Hemp-Derived Looking Glass

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In 2023, Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then, there’s been an influx of “THC Beverages” hitting the marketplace, including in interstate commerce. How is this legally possible, and...more

Marshall Dennehey

Commonwealth Court Holds That an Employer’s Failure to Reimburse a Claimant for Out-of-pocket Payments for CBD Oil is in Violation...

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Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB); No: 1039 C.D. 2021; filed Nov. 14, 2023; Judge Covey - In this case, the claimant, an attorney, sustained a work injury on April 14, 2017, while loading files into a...more

Bradley Arant Boult Cummings LLP

Delta-Nope: Florida Poised to Ban Delta-8 and Delta-10 Products

Earlier this week, the Florida legislature passed a bill (SB 1698) that will limit the amount of THC in hemp-derived products and threatens to upend the novel cannabinoid industry in the state. For the past few years,...more

McGlinchey Stafford

States Poised to Take Action on Hemp-Derived Cannabinoids in 2024

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Over the last several years, there has been a dramatic increase in retail and online sales of products containing hemp-derived and synthetically created cannabinoids. As a result, an increasing number of states are poised to...more

Husch Blackwell LLP

What’s in Your “THC Beverages”?

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In November of last year, we wrote about how Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then (and probably before that), there’s been an influx of “THC Beverages” hitting the marketplace, and...more

Husch Blackwell LLP

Cannabis Drinks Hit Total Wine

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Many states with cannabis legalization have manufacturer and dispensary licenses that make and sell cannabis-infused beverages and even cannabis-infused drink mixes. What you don’t usually see is a major liquor retailer...more

Womble Bond Dickinson

Is Medical Cannabis an Effective Treatment for Autism? A Recent US DHHS Recommendation Renews Hope for Much Needed Research

Womble Bond Dickinson on

Autism Spectrum Disorders (ASD) are lifelong neurodevelopmental conditions that usually appear in infancy or early childhood, and for which no single cause has been identified. ASD core symptoms include restricted or...more

Troutman Pepper

Georgia to Become First State in the Nation to Allow Medical Marijuana in Pharmacies

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The Georgia Board of Pharmacy has begun accepting applications from independent, licensed pharmacies for authorization to dispense authorized medical marijuana products, and nearly 120 pharmacies reportedly have agreed to...more

Dickinson Wright

Doobie-ous Competition: How a Cannabis Company Can Use Employment Agreements to Protect Intellectual Property

Dickinson Wright on

In our prior posts, we discussed the two issues that should be at the forefront of any branding strategy: In this post, we briefly discuss how cannabis businesses can implement employment agreements to further protect...more

Bradley Arant Boult Cummings LLP

Some of It’s Magic, Some of It’s Tragic: Jimmy Buffett and American Cannabis Policy

Jimmy Buffett was a spirit animal of the Budding Trends blog. We don’t quote from him as often as we do the Grateful Dead, Phish, Widespread Panic, or popular movies, but maybe because in many ways his lyrics are too good for...more

Foley Hoag LLP - Cannabis and the Law

The Cannabis Rescheduling Recommendation: What it Means and What’s Next

In light of the August 30, 2023 historic recommendation from the U.S. Department of Health and Human Services (HHS) to reschedule cannabis to Schedule III, a multidisciplinary group of attorneys from Foley Hoag’s nationwide...more

Bradley Arant Boult Cummings LLP

Good News, Bad News: Congress Wants to Help the Hemp Industry

Last week in a small hearing room in a House office building, the House Oversight and Accountability Subcommittee on Health Care and Financial Services held a hearing titled “Hemp in the Modern World: The Years long Wait for...more

Seyfarth Shaw LLP

The Week in Weed: August 2023

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see a lot of finger-pointing over CBD regulations. The Senate now has a companion bill to the House’s...more

Benesch

Cannabis Industry Quarterly Update: Q2 2023

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There Has Been Little Movement in Federal Legalization. This has led to cannabis investors and companies to downgrade expectations for federal legalization and focus their strategies on state reform. Federal lawmakers...more

Mintz - Health Care Viewpoints

Those Aren’t Doritos: FTC and FDA Send Warning Letters to Companies Marketing Delta-8 Infused Munchies

The Federal Trade Commission’s (FTC) recent press release marks a continuation in government action against manufacturers of products infused with delta-8 tetrahydrocannabinol (delta-8).  In May 2022, the U.S. Food and Drug...more

Burns & Levinson LLP

New York Grappling With Illicit Market As it Slowly Rolls Out Adult Use Retail Market

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Since the New York State Assembly passed the Marihuana Regulation and Taxation Act on March 30, 2021, legalizing adult-use cannabis in New York, there has been growing buzz and excitement about the rollout of New York’s...more

Seyfarth Shaw LLP

The Week in Weed: July 2023 # 2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check in on Pennsylvania, Ohio and Virginia – each state is in a different place and heading in a...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

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Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

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