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Cannabis Legal Report - October 2023

SAFER Banking Act Heads to Senate Floor - On September 27, the Secure and Fair Enforcement Regulation (SAFER) Banking Act (S.2860) was reported out from the Senate Committee on Banking, Housing, and Urban Affairs with...more

Psilocybin: Updates in Oregon and Around the Country

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

New York State Initiates Interagency Enforcement Actions Against Unlicensed Cannabis Businesses

On June 8, 2023, Gov. Kathy Hochul (D) announced a crackdown on sales by unlicensed cannabis sellers, which could face fines of up to $20,000 a day under recent legislation allowing for enhanced enforcement. The legislation...more

Major Cannabis Organizations Launch Coalition With Perkins Coie Support

As the Biden administration actively reviews the classification of cannabis under the Controlled Substances Act (CSA), a diverse group of cannabis companies and organizations is partnering with scientific and legal...more

Oregon Finalizes New Regulations To Implement Psilocybin Services Act

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

Cannabis Legal Report - January 2023

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

Will The New Year Finally Bring FDA Guidance on CBD?

As 2022 drew to a close, the Wall Street Journal reported that the FDA is finally considering releasing potential guidance regarding cannabidiol (“CBD”) in the coming year. While the exact timeline and scope of the FDA’s...more

FDA Issues New Warning Letters to Companies Making CBD and Delta-8 THC Edibles

On November 16, 2022, the Food and Drug Administration (FDA) issued five new warning letters to various companies making edible products containing cannabidiol (CBD) and/or Delta-8-tetrahydrocannabinol (THC)...more

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

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

California Proposes New Cannabis Lab Testing Regulations

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

CLIMB Act Introduced in Congress

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

Where Is the SAFE Banking Act?

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

FDA Issues New Warning Letters For Delta-8 and CBD Products

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

Another Blow to Bankruptcy Relief for Marijuana-Adjacent Debtors

Though it appeared the smoke might blow in a more favorable direction, the hopes of marijuana-adjacent businesses using the Bankruptcy Code were snuffed out once again by the Bankruptcy Court in Colorado. The Controlled...more

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