News & Analysis as of

Cannabis Products Cannabidiol (CBD) oil

Husch Blackwell LLP

When Less Isn’t More: the Texas Hemp Ban and the Risks of Unregulated Markets

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Late last Wednesday evening the Texas House of Representatives dealt the hemp industry in the Lone Star State what can only be described as a Texas size heartache with the passage of Senate Bill 3 (SB3), effectively banning...more

Seyfarth Shaw LLP

THC Found in CBD Tincture ‘Sparks’ Statutory Debate: SCOTUS Permits Fired Employee To Sue Cannabis Businesses Under CIVIL RICO Law

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In Medical Marijuana, Inc. et al v. Horn, 604 U.S. ___ (2025), the Supreme Court of the United States (SCOTUS) engaged in a lively statutory interpretation debate over the reach of the civil provisions of the Racketeer...more

Kohrman Jackson & Krantz LLP

Ohio Lawmakers Seek to Impose Tighter Restrictions on CBD Sales with Senate Bill 86

Since the enactment of the 2018 Farm Bill, the use of hemp and CBD (cannabidiol) products has skyrocketed, transforming from niche wellness items to mainstream essentials that are widely available. These products, currently...more

Womble Bond Dickinson

Unlocking the Secrets of the Endocannabinoid System: A New Frontier in Therapeutic Cannabis Research for Adolescents

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Humans possess several well-established bodily systems, including the sympathetic nervous system, the central nervous system, and the endocrine system. A relatively recent discovery is the endocannabinoid system (ECS)....more

Stikeman Elliott LLP

Health Canada Consults on Pathway for Health Products Containing CBD

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Health Canada recently announced that it is exploring a regulatory pathway that would allow products containing cannabidiol (“CBD”) to be purchased without a prescription. Under the current regulatory scheme, all health...more

Husch Blackwell LLP

THC Beverage Makers and Distributors: Top 5 Concerns for 2025

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In the past couple of weeks, I have been contacted by a few major news outlets about the legality of “THC beverages“. While it sounds like you can only find these products in a state-licensed cannabis dispensary, reporters...more

Bradley Arant Boult Cummings LLP

Goin’ Down South: How the Southeastern U.S. Became the Current Hotbed of Cannabis Activity

Part of the reason we started a Cannabis Industry team at a Southeastern-based law firm before any Southeastern state had adopted a marijuana program was because we had a hunch that the expansion of cannabis would eventually...more

Foley Hoag LLP - Cannabis and the Law

Despite Fits and Starts, New Tennessee Hemp-Derived Cannabinoid Regulations Set to Take Effect on December 26, 2024

After an objectively troubled launch that spurred litigation, Tennessee’s permanent hemp-derived cannabinoid licensing regulations are finally set to take effect at the end of this month. This would mark the culmination of a...more

Holland & Knight LLP

Navigating Cannabis Leasing: Legal and Practical Considerations for Landlords

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The cannabis industry in the United States has experienced rapid growth, with an increasing number of states legalizing the use of marijuana for medical and recreational purposes. As of 2023, nearly half of the U.S....more

Womble Bond Dickinson

Exploring the Potential of Cannabis in Managing Parkinson's Disease

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Parkinson's Disease (PD) is a progressive neurological disorder that affects millions of people worldwide, characterized by tremors, stiffness, and difficulty with balance and coordination. This disorder results from the...more

Foley Hoag LLP - Cannabis and the Law

Cajun Cannabinoid Amendments Not Spared from Spate of Legal Challenges

With certain hemp operators and trade groups enjoying varying degrees of success challenging new state laws and regulations governing intoxicating hemp products, copycat lawsuits are being filed around the country, including,...more

Adams & Reese

Selling THC Infused Beverages at Bars and CBD (HDC) License Updates

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We are hearing a popular question from restaurants, bars, hotels and venues these days. Does my liquor license or beer permit include the sale of THC infused beverages? In a word, no....more

Bradley Arant Boult Cummings LLP

Wait? My CBD Business May Be Racketeering? A Potential Existential Crisis We Have Been Warning About

Even the most responsible hemp operator should understand that it operates in a world full of risk. But I doubt many of them believe they might be accused of racketeering. Last week, the U.S. Supreme Court heard arguments...more

Bradley Arant Boult Cummings LLP

Senate Proposal Would Closely Regulate, Not Ban Most Hemp Products

During this time of great tension and competition between the marijuana and hemp industries, it is refreshing to see efforts at compromise. The initial draft of the Cannabinoid Safety and Regulation Act, proposed last week by...more

Bradley Arant Boult Cummings LLP

South Carolina Clears Path for Hemp Beverages

It’s hard to be surprised when you’ve been writing and talking about government decisions about the cannabis industry over the past decade. But I’ll admit that my eyebrows raised when I read a recent letter from the solicitor...more

Stark & Stark

Oh, My Hemp! The Legality of Intoxicating Hemp Products and the Problems with New Jersey’s New Hemp Law

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​​​​​​​On the heels of the enactment of New Jersey’s new hemp law (L. 2024, c. 73; Senate Bill No. 3235) (the “Intoxicating Hemp Bill”) amending the definition of “legal” hemp and limiting the production and sale of...more

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 & Reese

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

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