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Controlled Substances Act Dietary Supplements

Vicente LLP

Financing Adaptogenic Mushroom Companies: Seven Basic Regulatory Points to Understand

Vicente LLP on

Aside from a small number of companies the FDA has permitted to pursue the development of psilocybin therapies (e.g., Compass), the majority of psychedelic mushroom sales in the U.S. currently violate both state and federal...more

King & Spalding

Selling CBD-Infused Products Might Be Riskier Than You Think

King & Spalding on

The global cannabidiol (CBD) market size is expected to reach USD 13.4 billion by 2028. And yet a large part of that market—CBD-infused food, beverages, and dietary supplements—consists of unlawful sales. This article...more

Vicente LLP

Cannabis Administration And Opportunity Act: What The Proposed Federal Cannabis Laws Would Mean For Hemp

Vicente LLP on

On July 14, 2021, Senators Chuck Schumer (D-NY), Ron Wyden (D-OR), and Cory Booker (D-NJ) released the discussion draft of historic federal cannabis legalization legislation, the Cannabis Administration and Opportunity Act...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2021: Budding Legislation – The Cannabis Administration and Opportunity Act

On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2021

[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more

Dorsey & Whitney LLP

TTAB Weighs in on Registrability of CBD Trademarks

Dorsey & Whitney LLP on

In a precedential decision earlier this year, the Trademark Trial and Appeal Board thinned some of the haze surrounding the registrability of trademarks for hemp-derived CBD products. In line with the U.S. Patent and...more

Fox Rothschild LLP

The TTAB Affirms Refusal Of Another CBD Mark On “Lawful Use” Grounds

Fox Rothschild LLP on

On September 25, 2020, the TTAB issued a non-precedential decision summarily rejecting an applicant’s attack against an examining attorney’s refusal to register the mark NATURAL LEAF CBD LIVE BETTER NATURALLY & Design for use...more

Womble Bond Dickinson

FDA Issues Guidance on Clinical Research for Cannabis Drugs

Womble Bond Dickinson on

On Tuesday, July 21, 2020, the U.S. Food and Drug Administration (FDA) released a new draft guidance, Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research. The draft guidance is intended to...more

Dorsey & Whitney LLP

The FDA Takes Aim at CBD Labeling

Dorsey & Whitney LLP on

Despite the legalization of cannabis sales in many states and Congress’s removal of hemp and hemp-derived cannabidiol (CBD) from the list of scheduled drugs under the Controlled Substances Act, recent events serve as a...more

King & Spalding

Congress Holds Hearing on Current & Future Federal Cannabis Policies

King & Spalding on

On January 15, 2020, the House Energy & Commerce Committee, Subcommittee on Health held a hearing entitled “Cannabis Policies for the New Decade.” Government witnesses testified from: • the Drug Enforcement...more

Mintz - Health Care Viewpoints

First Indicators of FDA’s Policy Decision on CBD and Cannabis-Derived Ingredients: “Only Limited Data” and “Real Risks”

We have previously blogged about the Food and Drug Administration’s year of listening and information gathering related to products containing cannabis or cannabis-derived compounds since the 2018 Farm Bill removed “hemp”...more

Genova Burns LLC

The ABC's of CBD Regulation

Genova Burns LLC on

“Isn’t hemp the same thing as cannabis (marijuana)?” The difference between cannabis and hemp stem from their most widely studied and commonly known chemical compounds: tetrahydrocannabinol (“THC”) and cannabidiol (“CBD”)....more

McDermott Will & Emery

Learnings from the FDA Hearing on Cannabis and Cannabis-Derived Compounds

On Friday May 31, 2019, the Food and Drug Administration (FDA) held a public hearing on the topic of cannabis or cannabis-derived compounds. The FDA held the hearing to gather information regarding the safety risks and health...more

Hogan Lovells

Consumer Horizons: CBD in foods, dietary supplements, and cosmetics: Navigating the global Wild West

Hogan Lovells on

Increasing consumer interest in cannabis-derived ingredients has led to an explosion of the use of the non-intoxicating cannabinoid, cannabidiol (CBD) in a wide variety of products, including drugs, foods, dietary...more

Burns & Levinson LLP

Jumping the Gun on CBD

Burns & Levinson LLP on

Over the past few months we have posted a number of articles regarding the 2018 Farm Bill and its effective “legalization” of non-psychoactive, cannabis-derived, cannabidiol (“CBD”). While CBD has indeed been removed from...more

Pillsbury - Policyholder Pulse blog

Product Liability Risks in the Evolving Cannabis Industry

Cannabis is now fully legal in ten states plus the District of Columbia, and medical marijuana is legal in 23 states. Despite growing acceptance among states, cannabis remains illegal federally under the Controlled Substances...more

Wilson Sonsini Goodrich & Rosati

FDA Takes Steps Towards Allowing Inclusion of Cannabis and Its Derivatives (CBD) in Food, Beverages, and Dietary Supplements

Introduction: FDA to Hold Public Hearing - The U.S. Food and Drug Administration (FDA) recently announced it will hold a public hearing on May 31, 2019. This important hearing presents an opportunity for consumers,...more

Wilson Sonsini Goodrich & Rosati

Two Major Retailers Sell CBD-Containing Products Amid a Changing Legal Environment

Late last month, two major retailers announced that they will begin selling cannabidiol (CBD)-containing topical products in stores across multiple states. These announcements represent another important development following...more

Sheppard Mullin Richter & Hampton LLP

The Farm Bill’s Impact on Hemp and CBD – and How Some States are Reacting

While the legal landscape continues to evolve in the cannabis industry, making entry into the space a potentially risky proposition, the passage of the Agriculture Improvement Act of 2018 (the “Farm Bill”) can be a real game...more

Harris Beach PLLC

Despite Lawful Use in Commerce, Hemp and CBD Trademarks May Still Face Rejection

Harris Beach PLLC on

In a previous Legal Alert, we covered the removal of one impediment to federal trademark registration for hemp/CBD products: namely, that hemp/CBD products will no longer be outlawed by the Controlled Substances Act and will...more

Wilson Sonsini Goodrich & Rosati

Important Legislative and Regulatory Changes Impacting the Commercialization of Cannabis, Hemp, and CBD

A number of important changes have occurred in the cannabis, hemp, and cannabidiol (CBD) spaces. This alert presents a snapshot of significant developments and selected future predictions....more

Holland & Knight LLP

Hemp is Now Legal, But What Does That Actually Mean?

Holland & Knight LLP on

With the enactment of the Agriculture Improvement Act of 2018 (Farm Bill) on Dec. 20, 2018, hemp and cannabis derivatives with extremely low concentrations of Tetrahydrocannabinol (THC)—less than 0.3 percent on a dry weight...more

Burns & Levinson LLP

Judging CBD Products by Their Cover

Burns & Levinson LLP on

As the legal cannabis market continues to explode, extract products, in particular, are receiving a lot of attention. Cannabidiol (CBD), for instance, is a cannabis extract widely produced and sold in the U.S., often...more

Cozen O'Connor

The Legality of Cannabidiol and Concerns Regarding False Advertising

Cozen O'Connor on

The legality of marijuana (also known as cannabis) has been a popular topic in recent years with thirty states and the District of Columbia having laws that legalize marijuana in some form. However, under federal law,...more

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