News & Analysis as of

THC

Bradley Arant Boult Cummings LLP

The U.S. Trademark Office Says Δ8-THC Is Illegal -- Usually

The decriminalization of cannabis in some states, and its partial decriminalization at the federal level, has created an explosive market for cannabis itself and the myriad chemicals that compose the plant. The 2018 Farm Bill...more

Bradley Arant Boult Cummings LLP

The Delta-8 Debacle: Looking at Texas’s (Temporarily) Failed Attempt to Make Delta-8 Products Illegal

Texas’s cannabis industry can breathe a momentary sigh of relief. Delta-8 THC, the increasingly popular hemp-derived cannabinoid that produces effects similar to Delta-9 THC, has been removed from Texas’s list of Schedule I...more

Bryan Cave Leighton Paisner

UPDATED: The Delta-8 THC Loophole

Since the posting of this blog, Drug Enforcement Administration officials have made comments suggesting that delta-8 THC is not a federally controlled substance. As of November 11, 2021, the DEA has yet to issue a binding...more

Clark Hill PLC

Should Landlords of Texas CBD Retailers Be Concerned About Criminal Liability in the Wake of the Delta-8 THC Ban?

Clark Hill PLC on

On Oct. 25, a Travis County district court refused to issue an emergency temporary restraining order to halt the state’s ban on Delta-8 THC (Delta 8) products. In 2018, Texas had passed House Bill 1325 to address consumable...more

Vicente Sederberg LLP

NIDA Monopoly is Over: New DEA-Registered Cannabis Growers Can Supply Researchers with Product

Vicente Sederberg LLP on

It seems like every day I read a new story about legislators, high-ranking federal officials, and frustrated advocates of marijuana research complaining that researchers still can't study the actual marijuana that people are...more

Miller Nash LLP

THC-Infused Candies are All Tricks, No Treats, Says Candy Maker

Miller Nash LLP on

Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats....more

Cozen O'Connor

California Splits from the FDA: CBD Now Permitted in Food, Beverages and More

Cozen O'Connor on

On Wednesday, October 6, 2021, California Governor Gavin Newsom signed into law Assembly Bill 45 (AB-45) that “prohibit[s] restrictions on the sale of dietary supplements, food, beverages, cosmetics, or pet food that include...more

Fox Rothschild LLP

Minnesota Court Of Appeals Decision Deals Possible Blow To Minnesota Hemp Industry

Fox Rothschild LLP on

On September 13, 2021, the Minnesota Court of Appeals issued a decision upholding a drug conviction that has the potential to significantly harm Minnesota’s growing hemp industry. In State v. Loveless, the Court of Appeals...more

Tonkon Torp LLP

Plan Ahead For Increase In THC Package Limits

Tonkon Torp LLP on

Starting in January 2022, the amount of THC allowable in edibles sold through a retail store will raise to 100 mg of THC per package, which is double the previous per-package limit of 50 mg. This is great news for consumers...more

Tonkon Torp LLP

Immediate Changes For Hemp Growers And Sales In Oregon

Tonkon Torp LLP on

With the passage of HB 3000, a lot is about to change in Oregon’s hemp industry. One of the more immediate changes registered hemp growers may notice is additional enforcement action in areas of the state where illegal...more

Foley Hoag LLP

Caught in FDA’s Crosshairs: Delta-8 THC Products Invite Increased Scrutiny

Foley Hoag LLP on

The Food and Drug Administration (FDA) issued a consumer alert related to Delta-8 tetrahydrocannabinol (Delta-8 THC), following a recent increase in adverse event reports to FDA and poison control centers. Although Delta-8...more

Jackson Lewis P.C.

FDA And CDC Issue Warnings Regarding Health Risks Of Using Delta-8 THC Products

Jackson Lewis P.C. on

The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention issued warnings to the public regarding the potential health risks of using Delta-8 THC products on September 14, 2021...more

Vicente Sederberg LLP

What Is The FDA Saying About Full Spectrum Hemp? Key Takeaways From Rejections Of NDINs

Vicente Sederberg LLP on

Almost three years since the legalization of hemp production in the United States, the U.S. Food and Drug Administration (FDA) is still in the process of determining the regulatory framework for CBD and other hemp...more

Tonkon Torp LLP

New Legislation Gives OLCC More Oversight Over The Hemp Industry And Delta-8 THC

Tonkon Torp LLP on

On July 19, 2021, Governor Kate Brown signed HB 3000, a comprehensive bill that gives the Oregon Liquor and Cannabis Commission (OLCC) significantly more authority and oversight over the hemp industry – including the...more

Vicente Sederberg LLP

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

Vicente Sederberg 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

Cozen O'Connor

Nebraska Attorney General Asked To Weigh In On Legality Of Delta-8

Cozen O'Connor on

Senate Majority Leader Chuck Schumer reinvigorated the federal marijuana debate last week with the introduction of his Cannabis Administration and Opportunity Act, which seeks to de-schedule cannabis and regulate cannabis...more

Vicente Sederberg LLP

Federal And State Overview: Regulation Of Products Containing 'Minor' Hemp-Derived Cannabinoids

Vicente Sederberg LLP on

Move over CBD, there are new cannabinoids in town. CBD has been the most sought-after and utilized hemp-derived cannabinoid in consumer products, but due in part to technological advances, various other hemp-derived...more

Husch Blackwell LLP

One Step Closer To The Federal Decriminalization Of Marijuana

Husch Blackwell LLP on

The “Cannabis Administration and Opportunity Act,” was published today. The proposed legislation, sponsored by Majority Leader Chuck Schumer and Senators Cory Booker and Ron Wyden, delivers a plan for the comprehensive...more

Haynsworth Sinkler Boyd, P.A.

3 Questions Employers Need To Consider When It Comes To Marijuana In The Workplace

Haynsworth Sinkler Boyd’s Chris Gantt Sorenson and Perry MacLennan recently discussed “Marijuana in the Workplace: To Test or Not to Test” on the Survive HR podcast. In the podcast, Chris, Perry, Kelly Schieb and Steve Nail...more

Jackson Lewis P.C.

Marijuana Use Laws Budding In Virginia

Jackson Lewis P.C. on

Consistent with legislative trends, Virginia weighed in further on the nationwide marijuana debate by enacting two new comprehensive cannabis-related laws. The first prohibits discipline for employee’s medical use of cannabis...more

Vicente Sederberg LLP

New Hemp CBD Laws, Regulations, And Policies: June 2021 Update

Vicente Sederberg LLP on

Over the first half of 2021, many states passed laws, implemented, or proposed new regulations regarding hemp cultivation, processing, and CBD products. These changes range from updates to testing, labeling, and packaging...more

Caldwell Intellectual Property Law

UNSUNG HEROINES AND UNLIKELY CHAMPIONS - The Historical Reasons For CBD Trademark Policy

In recent years, many US states have decriminalized possession and use of products containing or derived from the cannabis plant, particularly where there is a medical benefit. One might therefore expect that obtaining a...more

Husch Blackwell LLP

New York State Of Mind- An Overview Of The Unique Aspects Of New York’s New Marijuana Regulatory Framework.

Husch Blackwell LLP on

The Marijuana Regulation & Taxation Act (the “Act”) was signed into law by Governor Andrew Cuomo on March 31, 2021. Not only does the Act create the foundation for the adult-use marijuana program, it contains sweeping changes...more

Caldwell Intellectual Property Law

First Cannabis Patent Infringement Case Extinguished By Bankruptcy Proceeding

In 2018 United Cannabis Corporation (“UCANN”) filed the first cannabis patent infringement lawsuit against Pure Hemp Collective, Incorporated (“Pure Hemp”) in the United States District Court of Colorado. In the lawsuit,...more

Cultiva Law, PLLC

WSLCB Policy Statement on Delta-8

Cultiva Law, PLLC on

The Washington State Liquor and Cannabis Board issued a Policy Statement, effective April 28, 2021, in an effort to provide clarity on the State’s regulation of THC in forms other than Delta-9. Specifically, the policy...more

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