The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and...more
1/27/2023
/ Appeals ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Class Action ,
Disclosure ,
Enforcement ,
Investigations ,
Investment ,
Investors ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Motion to Dismiss ,
New York ,
Public Statements ,
Publicly-Traded Companies ,
Regulatory Requirements ,
Remand ,
Securities and Exchange Commission (SEC) ,
Vacated
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
6/30/2022
/ Cannabis-Related Businesses (CRBs) ,
Financial Institutions ,
Financial Services Industry ,
Legislative Agendas ,
Lending ,
Marijuana Related Businesses ,
New Legislation ,
Popular ,
Proposed Legislation ,
SAFE Act ,
Safe Harbors ,
Securities
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
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
5/4/2022
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dietary Supplements ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Health Claims ,
Marijuana Related Businesses ,
Product Labels ,
Warning Letters
On November 25, 2019, the U.S. Federal Drug Administration (FDA) took several significant actions regarding sellers of products containing cannabidiol (CBD). The FDA announced that it cannot conclude that CBD is “generally...more
11/27/2019
/ Cannabidiol (CBD) oil ,
Dietary Supplements ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
GRAS ,
Health and Safety ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels
Since late February 2019, the U.S. Department of Agriculture (USDA) has been promising to publish guidelines regarding hemp production. Aside from the obvious importance of these guidelines to hemp farmers, the guidelines are...more
11/4/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interim Final Rules (IFR) ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Public Comment ,
Tribal Governments ,
USDA
The U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) sent a joint warning letter on Tuesday, October 22, 2019, to Rooted Apothecary, LLC, alleging that the Florida-based company has been making...more
10/28/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Marijuana Related Businesses ,
Marketing ,
Risk Mitigation
Late last month, the U.S. House of Representatives passed H.R. 595, the Secure and Fair Enforcement Banking Act of 2019 (the “SAFE Banking Act”). The stated purpose of the SAFE Banking Act is to “increase public safety by...more
On May 31, 2019, the Food and Drug Administration (FDA) held its first public hearing concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food,...more
6/3/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Hemp ,
Labeling ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Public Comment ,
Public Hearing
The legal Canadian cannabis industry is booming, and U.S. companies can benefit from the prospering cross-border industry by partnering with Canadian companies. However, U.S. Customs and Border Protection (CBP) cannabis law...more
President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law on December 20, 2018. Among the 2018 Farm Bill’s broad-ranging provisions, it legalizes the cultivation and sale...more
1/2/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
DEA ,
Enforcement Actions ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interstate Commerce ,
Marijuana Related Businesses ,
New Legislation ,
Regulatory Oversight
In recent guidance, we wrote about what companies should do to minimize the risk of federal criminal penalties when doing business with or investing in cannabis industry companies. One principle we stressed is the need to...more
6/13/2018
/ Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Land ,
Federal v State Law Application ,
Law Enforcement ,
Legislative Riders ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana