Lane Powell PC

Lane Powell PC Blogs

Blog Authors

ABCD EFG HIJ KLM N O PQR S TUVWXYZ

Barry A. Abbott

Joshua Ashby

Latest from Lane Powell PC

The Pipeline Cannabis Law Advisor

Federal Court Sends Ominous Signal on Cannabis Contracts

By Samuel D. Méndez

November 12, 2019

Last week, federal Judge Marsha Pechman sent an ominous signal regarding the enforceability of cannabis contracts by issuing an Order to Show Cause, in which the parties have to show why the court should not dismiss the case. If the parties cannot show cause under the Order, the case will be dismissed based on the contract at issue’s unenforceability – a decision that should send a shiver down every cannabis business. This dismissal would not…

The Pipeline Cannabis Law Advisor

The USDA Rules in Detail: Testing Requirements

By Samuel D. Méndez

November 7, 2019

As we discussed last week, the United States Department of Agriculture (“USDA”) released their interim final rules for hemp manufacturing, and those rules were published in the Federal Register on Thursday, October 31. Hemp growers should note the rules on testing within the 0.3% limit that dictate whether the produced crop is classified as marijuana or hemp. These rules provide for potentially onerous situations for growers, though they are not unexpected. Pre-Harvest Testing Within…

The Pipeline Cannabis Law Advisor

USDA Releases Draft Hemp Rules

By Samuel D. Méndez

October 30, 2019

On October 29th the United States Department of Agriculture (“USDA”) released draft rules for hemp manufacturing and the state regulatory programs that oversee the industry with a press release. These rules will become effective when published in the Federal Register on Thursday, upon which a 60-day public comment period shall begin. At 161 pages long, the draft rules cover testing protocols, where hemp can be grown, how product should be disposed of, licensing procedures,…

Target Letter

Presidential Bribery

By Aaron P. Brecher

October 27, 2019

What happens when the President of the United States asks for a bribe? I know what you’re thinking: what could possibly have inspired this topic? I’m not here to throw partisan stones or to take sides on the House’s ongoing impeachment inquiry, though publicly available information is pretty damning. Instead, I want to look at what we know now—and what we might know in the future—through the lens of the federal criminal law governing…

The Pipeline Cannabis Law Advisor

House Passes Landmark Cannabis Banking Bill

By Samuel D. Méndez

October 21, 2019

On September 25, the U.S. House of Representatives passed H.R. 1595, also known as the SAFE Banking Act of 2019, which aims “to increase public safety by ensuring access to financial services to cannabis-related legitimate businesses and service providers and reducing the amount of cash at such businesses,” as stated in its purpose. The bill was subsequently referred to the Senate, where it was referred to the Senate Banking Committee to await its fate.…

The Pipeline Cannabis Law Advisor

WSLCB Interprets DOH Vapor Ban Rules More Broadly

By Samuel D. Méndez

October 15, 2019

The Washington State Liquor and Cannabis Board (“WSLCB”) often moves slow with rulemaking (we’re still waiting on rules for SB 5318, which was signed into law in May and went into effect in July), but occasionally they move fast. As I reported last week, on October 9 the Washington State Department of Health (“DOH”) voted to adopt rules that banned flavored vapor products, which included a rather porous definition of what was being banned. As…

The Pipeline Cannabis Law Advisor

Oregon Ban on Flavored Vaping Products Goes Live

By Benjamin Pirie

October 11, 2019

On October 11, the Oregon Liquor Control Commission (“OLCC”) filed emergency rules banning the sale of flavored vaping products in Oregon for the six-month period beginning on October 15, 2019. The rules follow an October 4 executive order from Governor Kate Brown, which directed the agencies to adopt emergency rules banning the sale of “all flavored vaping products.” The Oregon Health authority has filed similar rules covering nicotine vaping products. Oregon’s ban closely follows a…

The Pipeline Cannabis Law Advisor

WA Department of Health Bans Flavored Vapor Oils, Drafts Rules

By Samuel D. Méndez

October 10, 2019

UPDATE: Please see this post for an important update to this issue. The Washington Department of Health (“DOH”) held a public meeting on October 9 where they discussed Governor Jay Inslee’s recent executive order requesting that the DOH adopt emergency rules banning flavored vapor products, including flavored cannabis vapor products, and voted to adopt an emergency rule banning the products. The new rules use a defined term for “characteristic flavor,” which is used to distinguish…

Boom: The ERISA Law Blog

ERISA (10th Circuit): ACCIDENTAL DEATH BENEFIT – Death by Speeding Vehicle Excluded Under “Crime” Exclusion

By Mike Reilly

October 7, 2019

You know that the standard of review applied by courts will significantly impact how courts view an ERISA Plan administrator’s interpretation of an undefined plan term. But what impact should an insurer’s policy manual have in assessing the “intent” of a plan term? NOT MUCH. This new case highlights both points. Caldwell v. Unum Life Insurance Company of America, 2019 WL 4463495, ___Fed Appx. ___ (10th Cir. September 18, 2019)(Accidental death claim resulting from…

The Pipeline Cannabis Law Advisor

McConnell Tells FDA to Create Guidance for CBD Dietary Supplements

By Samuel D. Méndez

October 2, 2019

On September 17, Senate Majority Leader Mitch McConnell proposed language that directs the U.S. Food and Drug Administration (“FDA”) to issue policies on regulating and enforcing regulations on the use hemp-derived cannabidiol (“CBD”) in products. This language would be inserted into a congressional spending report and would direct the FDA to provide a report to congress within 90 days, stating the FDA’s “progress” towards analyzing data to determine its policy of enforcement discretion. Secondly, the…

Lane Powell PC

Lane Powell PC Blogs

Blog Authors

Federal Court Sends Ominous Signal on Cannabis Contracts

The USDA Rules in Detail: Testing Requirements

USDA Releases Draft Hemp Rules

Presidential Bribery

House Passes Landmark Cannabis Banking Bill

WSLCB Interprets DOH Vapor Ban Rules More Broadly

Oregon Ban on Flavored Vaping Products Goes Live

WA Department of Health Bans Flavored Vapor Oils, Drafts Rules

ERISA (10th Circuit): ACCIDENTAL DEATH BENEFIT – Death by Speeding Vehicle Excluded Under “Crime” Exclusion

McConnell Tells FDA to Create Guidance for CBD Dietary Supplements

Stay Connected

Company

Support

New to the Network