News & Analysis as of

Marijuana Interstate Commerce Cannabis Products

Fox Rothschild LLP

Court Upholds CSA, but Cannabis Businesses Still Have Deduction Options

Fox Rothschild LLP on

A recent 1st U.S. Circuit Court of Appeals ruling upheld a lower court decision that the Controlled Substances Act (CSA) does not violate federal law. The decision stems from Canna Provisions’ lawsuit against the government...more

Husch Blackwell LLP

Cannabis Law Now Podcast: The ‘CannaBoies' Lawsuit and Why it Matters

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On October 26, 2023, a group of large cannabis companies based in Massachusetts filed suit in the U.S. District Court for the Western District of Massachusetts against Merrick Garland, our current U.S. attorney general,...more

Husch Blackwell LLP

Cannabis Litigation Alert: Commerce Clause Back on Blast

Husch Blackwell LLP on

Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the same time, the SAFER...more

Benesch

Cannabis Industry Quarterly Update: Q2 2023

Benesch on

There Has Been Little Movement in Federal Legalization. This has led to cannabis investors and companies to downgrade expectations for federal legalization and focus their strategies on state reform. Federal lawmakers...more

International Cannabis Bar Association...

[Event] Cannabis Law Institute 2023 - June 8th - 10th, Washington, DC

Don’t miss your opportunity to attend Cannabis Law Institute 2023! From June 8th to June 10th, INCBA will host our marquee event at GW Law in Washington, DC. Register now for a multi-day immersive educational and networking...more

Ward and Smith, P.A.

New Day, Same Story: FDA Issues Additional Warning Letters for Sale and Marketing of Hemp-Infused Human and Animal Products

Ward and Smith, P.A. on

This week, the U.S. Food & Drug Administration (FDA) posted warning letters to five hemp companies for, in the words of the FDA, "illegally selling products containing cannabidiol (CBD)."  The warning letters and additional...more

Sheppard Mullin Richter & Hampton LLP

In One Day, California Governor Signs Into Law Ten Cannabis Bills, Including Authorization for Interstate Commerce

Acting in one fell swoop, on September 18, 2022, California Governor Gavin Newsom signed 10 cannabis-related legislative bills into law. These bills, which touch on issues that run the gamut of the cannabis industry, are...more

Clark Hill PLC

Addressing the Ramifications of Federal Legalization for the U.S. Cannabis Industry

Clark Hill PLC on

The cannabis industry rang in 2021 with high hopes of federal legalization, leading to a massive run-up in cannabis equity values. Eighteen months later, however, proposals for federal legalization continue to stagnate and...more

Greenberg Glusker LLP

A Path Toward Legalizing Interstate Cannabis Sales? Analyzing California Senate Bill 1326

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Cannabis remains illegal federally and in many states. The states that have legalized cannabis have a confusing patchwork of rules and regulations. As such, crossing state lines can create major problems in the cannabis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2021: Budding Legislation – The Cannabis Administration and Opportunity Act

On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2021

[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more

Nutter McClennen & Fish LLP

Union Organizing Raises Special Challenges for the Cannabis Industry

While marijuana remains illegal under federal law, it has been legalized in 15 states and the District of Columbia. Another 29 states have decriminalized marijuana or allowed its medical use, or both. This loosening of...more

Seyfarth Shaw LLP

The Week in Weed: September 2020 #4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana....more

Seyfarth Shaw LLP

Future Enterprises and Environmental Impacts in the Cannabis Industry

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The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...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

Carlton Fields

Are Bank Regulators "Mellowing Out" on Cannabis?

Carlton Fields on

Federal bank regulators no longer require banks to submit suspicious activity reports (SARs) for legally authorized hemp business transactions, absent another required circumstance....more

Holland & Hart LLP

FDA Cracks Down on Pet Products Containing CBD After USDA Clears Path for Hemp Production

Holland & Hart LLP on

Although more and more pet owners are turning to CBD products to treat their pets, new action by the FDA is a stark reminder that those CBD pet products found on-line and in stores are considered illegal at the federal level....more

Fisher Phillips

CBD In F & B

Fisher Phillips on

There’s a lot of confusion and questions about CBD products and what it means for CBD-related industries, especially those in the food and beverage industry. The Agricultural Improvement Act of 2018, also known as the “Farm...more

Ballard Spahr LLP

Banking Regulators Ease SAR Reporting Requirements Applied to Hemp-Related Businesses

Ballard Spahr LLP on

On December 3, 2019, four federal agencies – the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (“FDIC”), the Financial Crimes Enforcement Network (“FinCEN”), and the Office of the...more

Lowndes

Long-Awaited Guidance for Banking Hemp Clients Released

Lowndes on

Since the effective date of the 2018 Farm Bill, banking and the inability to acquire financing have been major impediments for the hemp industry. While demand for hemp continues to grow, banking regulations have still been...more

Ward and Smith, P.A.

FDA Issues Warnings to 15 Companies for Illegally Selling Products Containing CBD

Ward and Smith, P.A. on

On November 25, 2019, the U.S. Food & Drug Administration ("FDA") published a press release, published a revised Consumer Update, and announced the issuance of new warning letters to 15 companies for illegally selling and...more

Perkins Coie

USDA Issues Interim Rules Regarding Hemp Production (Finally)

Perkins Coie on

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

Foley & Lardner LLP

Key Takeaways from USDA’s Interim Hemp Production Rule

Foley & Lardner LLP on

On October 31, 2019 the U.S. Department of Agriculture (USDA) published an Interim Final Rule (84 FR 58522) establishing the U.S. Domestic Hemp Production Program and outlining a regulatory framework for monitoring hemp...more

Sheppard Mullin Richter & Hampton LLP

BREAKING NEWS: USDA Releases Interim Final Hemp Rule

On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim final rule governing the U.S. Domestic Hemp Production Program. USDA has been developing these interim regulations since hemp...more

Brooks Pierce

What is Hemp? Is It Even Legal?

Brooks Pierce on

Hemp and cannabidiol (CBD) products are dominating the airwaves and the marketplace, and North Carolina has been at the forefront, ranking sixth in the nation in acres of hemp produced in 2018. Many predict that the market...more

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