News & Analysis as of

Food and Drug Administration (FDA) Marijuana Agribusiness

Vicente LLP

Texas Cannabis Legalization: What the SB 3 Veto Means for Hemp Businesses - UPDATED

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What is Texas Senate Bill 3? As it stands, current Texas law permits hemp-derived products with less than 0.3% THC content, which are widely available at more than 8,000 locations throughout the state. In comparison to a...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

McCarter & English, LLP

DEA’s Plan to Reschedule Cannabis: Implications and Insights

Earlier this week, the Department of Justice proposed reclassifying cannabis from Schedule I to Schedule III under the Controlled Substances Act. The move follows an August 2023 recommendation from the Department of Health...more

Vicente LLP

4 Major Implications of Cannabis Moving to Schedule III

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After 50 years of being on the most restrictive schedule alongside drugs like heroin and PCP, the DEA will move to reschedule marijuana in Schedule III, where the plant’s medical benefits will finally be recognized by the...more

Husch Blackwell LLP

All the Outcomes of a Marijuana Reschedule

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Between LinkedIn, Twitter, the media, and diehard marijuana investors, there is more noise and froth in the industry about a marijuana reschedule than I’ve seen since Washington and Colorado legalized it back in 2012. When...more

Husch Blackwell LLP

Top Cannabis Scams of 2023

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Overall, 2023 was a tough economic year for the entire cannabis industry. And with lean economic times comes a myriad of bad behavior, and cannabis is no exception. Every year, I like to put out a list of the top cannabis...more

McGlinchey Stafford

From Schedule I to Schedule III: Potential Shift in Marijuana’s Legal Status

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Major news broke on August 30, 2023, as the U.S. Department of Health and Human Services (HHS) announced that it would recommend moving marijuana from Schedule I to Schedule III, as first reported by Riley Griffin for...more

Bradley Arant Boult Cummings LLP

Good News, Bad News: Congress Wants to Help the Hemp Industry

Last week in a small hearing room in a House office building, the House Oversight and Accountability Subcommittee on Health Care and Financial Services held a hearing titled “Hemp in the Modern World: The Years long Wait for...more

Foley Hoag LLP - Cannabis and the Law

FDA Shares Insights on Potential Pathway to Regulate CBD Products

The Food and Drug Administration (FDA) held a stakeholder call on May 25, 2023 to provide additional information related to the agency’s January 26 announcement that it believes a new regulatory framework for cannabidiol...more

Butler Snow LLP

Half-Baked: An Overview of Current Cannabinoid Laws & Regulations

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Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug...more

Vicente LLP

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

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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

Bodman

The ABCs of CBD and Hemp: A Primer

Bodman on

Hemp and marijuana both come from the cannabis sativa plant but as a result of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), cannabis sativa with a THC content of less than 0.3% was removed from the federal...more

Hogan Lovells

FDA Will Take Its Time on CBD – But Industry Does Not Have to Wait to Get Ready

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Tell me if you’ve heard this one before – the regulatory issues surrounding CBD will be completely resolved after a certain “legislative fix” is passed.  Remember all of the articles in December 2018 declaring CBD legal after...more

Hogan Lovells

Council for Responsible Nutrition Submits Citizen Petition Requesting FDA Rulemaking to Allow CBD and other Hemp-Derived...

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The Council for Responsible Nutrition (CRN) submitted a citizen petition to the Food and Drug Administration (FDA) requesting that FDA: FDA exercise its statutory authority to establish a regulation under which...more

Seyfarth Shaw LLP

The Week in Weed: June 2020 #2

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Our big news this week is that the American Bar Association asked the Small Business Administration to make marijuana-related companies eligible for relief funds....more

Seyfarth Shaw LLP

Some Things Never Change: COVID-19’s Impact on CBD (or Lack Thereof)

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Hemp production, unlike much of the farming industry, has not declined due to COVID-19.  Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19.  In turn, FDA and FTC...more

Seyfarth Shaw LLP

The Week in Weed: February 2020 #2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. It was a busy week for the states, as Virginia moved towards decriminalization.  The state House and Senate passed...more

Bilzin Sumberg

A Budding Opportunity—Why the CBD Industry Requires Regulation

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Manufacturers, distributors, and suppliers of CBD products should embrace and participate in reform to address public health concerns, write Bilzin Sumberg attorneys. Consumer groups like the Arthritis Foundation are stepping...more

Stinson LLP

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

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In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - CBD Explodes In Popularity But Hits Regulatory Wall - Following the passage of the 2018 Farm Bill, which legalized the cultivation of hemp, cannabidiol (CBD) became the star...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letters, Consumer Update On CBD, Sparking Litigation Against CBD Cos. - The U.S. Food and Drug Administration (FDA) has issued a consumer update on cannabidiol...more

Seyfarth Shaw LLP

The Week in Weed: December 2019

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. New Jersey is talking about decriminalizing marijuana. Regular readers will doubtless recall that legalization...more

Seyfarth Shaw LLP

Cosmetics, Hemp, and CBD: Legislative and Regulatory Update

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Seyfarth Synopsis: Through a reintroduced House bill, Congress is taking strides to push for cosmetic regulation reform and, separately, through the SAFE Act, it is seeking to establish a safe harbor for financial...more

Wilson Sonsini Goodrich & Rosati

FDA Issues Cannabidiol Marketing Warning as Congressional Pressure for Action Continues

Following through with its promise to take enforcement actions against companies marketing cannabis-derived products that could put consumers at risk, the Food and Drug Administration (FDA) recently issued a warning letter to...more

Ward and Smith, P.A.

Where There’s Smoke, There’s Fire: The Raging Legislative Battle Over Smokable Hemp

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Hemp and its derivatives – including hemp-derived cannabidiol ("CBD") – were previously classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA"). That changed in December 2018,...more

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