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Over the past few years, a handful of law firms have filed thousands of lawsuits over website accessibility issues. This has been a lucrative business for these firms. Many of these suits are essentially cut-and-paste jobs, and the recipients often decide to quickly settle, rather than face the uncertainties and costs of litigation. Last week, a CBD company was hit with a class action suit claiming violations of the Americans with Disabilities Act (“ADA”) as…
On January 21, 2020, an Idaho state court held that nearly 7,000 pounds of seized hemp would remain forfeited to the Idaho State Police (“ISP”).  As we discussed in our recently published article, the defendant in the case, Big Sky Scientific LLC (“Big Sky”), shipped the several thousand pounds of unprocessed hemp from Oregon to Colorado.  During the transport through Idaho, the ISP seized the shipment citing to the state’s law classifying hemp as…
As we begin the 2020 legislative session, states legislatures are introducing bills that would prohibit marijuana retailers from collecting any personal information from consumers other than a government-issued identification for the purpose of consumer age verification.  Specifically, the Hawaii state legislature introduced a bill aimed at protecting individual privacy for marijuana consumers: In order to ensure that individual privacy is protected, the department shall not require a consumer to provide a retail marijuana store with…
On January 15, the Subcommittee on Health of the Committee on Energy and Commerce held its first ever legislative hearing to address federal cannabis policies.  The subcommittee invited witness from three different agencies to provide testimony: Matthew K. Strait, Drug Enforcement Administration (“DEA”); Douglas Throckmorton, Food and Drug Administration(“FDA”); and Nora D. Volkow, National Institutes on Drug Abuse (“NIDA”).  The hearing lasted over three hours and included several areas of discussion.  Here are some highlights:…
On January 2, 2020, a federal district court judge in Minnesota found that a local hemp farmer had a constitutionally-protected property interest in his hemp growing license, and that the license could not be revoked by the state without adequate procedural protections.  The hemp farmer, Luis Miguel Hummel, had his license revoked by the Minnesota Department of Agriculture (“MDA”) following a report from law enforcement that some of Hummel’s hemp products containing concentrations of THC…
On October 29, 2019, USDA released an interim final rule establishing the U.S. Domestic Hemp Production Program. The highly anticipated regulatory framework specifies the rules and regulations to produce hemp, as required by the 2018 Farm Bill. The interim rule includes, among other things, provisions for testing the levels of THC, maintaining information on the land where hemp is produced, disposing of plants not meeting necessary requirements, seed certification, and the interstate transportation of hemp.…
Any parent who has tried in vain to soothe a child suffering from a painful ear infection or comfort a teething baby knows that feeling of desperation when you may be willing to try just about anything to get the crying to stop.  Both yours and the child’s… It is just this issue that appears to have caught the attention of the FDA and FTC as the target for their most recent CBD enforcement.  Similar…
On October 12, 2019, California Governor Gavin Newsom announced the following cannabis-related bills were signed into law: AB 37 Allows cannabis businesses to claim state tax deductions and credits available to other legal businesses in the state for each taxable year beginning on or after January 1, 2020, and before January 1, 2025. AB 404 Authorizes a laboratory testing cannabis or cannabis products to amend a certificate of analysis to correct minor errors. The bill also…
As we discussed previously, a truck driver and his wife brought suit in New York federal court against three companies selling a CBD oil product the trucker claims caused him to fail a drug test and thereby lose his job. Back in April, the U.S. District Court Judge, Frank Geraci, dismissed several of plaintiffs’ claims, leaving only two claims for fraudulent inducement and civil RICO. As a result, plaintiffs then moved under Federal Rule…
This week the United States House of Representatives is expected vote on the Secure and Fair Enforcement (“SAFE”) Banking Act under a special process called “suspension of the rules,” which allows for limited debate and requires a two-thirds majority to support it for passage.  The bipartisan bill would effectively protect financial institutions serving cannabis-related (defined as marijuana) businesses from federal intervention in states or Indian country that allow for the “cultivation, production, manufacture, sale, transportation,…