Cannabis Law Update

Updates on Laws, Regulations and Trends Impacting the Cannabis Industry

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By: Kelley Drye & Warren LLP

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Tiffany Arosemena
Lee Baumgardner
Sophie Berner-Eyde
Kelley Drye
Janine Fletcher-Thomas
Joseph Green
Emma C. Kelly
Matthew C. Luzadder
Jaclyn Metzinger
Lauren Myers
Jaimie Nawaday
Stephanie Patterson
Kelley Drye
Bez Stern
Kristi Wolff
Kelley Drye

Latest from Cannabis Law Update

On Monday, FDA announced two warning letters issued to makers of topical CBD products labeled as OTC drugs.  Amidst a backdrop of facility inspections that revealed significant good manufacturing compliance concerns, the most important takeaways in this round of CBD enforcement are as follows:  FDA does not think that CBD is an appropriate inactive ingredient in OTC drugs, a position that we do not believe the agency has previously articulated publicly.  In addition, reaffirming a…
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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD Validcare finds no evidence of liver toxicity in participants in CBD clinical trials After seven months of clinical investigation, Validcare’s investigators met with members of the FDA’s Cannabis Product Council to share findings from the industry-sponsored, decentralized human safety study of hemp-derived CBD products. This study was commissioned and designed in response to the FDA’s requests, including the Agency’s Mar. 5,…
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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD Pharmacists see increasing role in counseling patients on which CBD products may work for them, how they should be used With a wide array of CBD and CBD extract products available without a prescription, pharmacists have a role to play in counseling patients on which products may work for them and how they should be used. During a session at the…
Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD FTC Approves Final Administrative Consent Orders against Sellers of Deceptively Marketed CBD Products Following a public comment period, the Federal Trade Commission has approved final administrative consent orders against six companies selling cannabidiol (CBD) products nationwide. In December 2020, the Commission announced its first law enforcement crackdown on deceptive claims in the growing market for CBD products. The FTC took action…
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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD New York opens licensing under Cannabinoid Hemp Program New York officials opened the licensing application process in the Cannabinoid Hemp Program, the state’s attempt to set a wide range of rules to guide development of the CBD sector. The licenses are required under new rules for CBD adopted by the state last year that set standards for making, selling and…
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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD   Judge dismisses case against CBD company, says it didn’t mislead investors A federal judge in New York dismissed a lawsuit against Curaleaf from investors who argued the company misled them about the legality of its CBD products. The investors sued when Mass.-based Curaleaf’s share price fell in 2019 after the USDA sent the company a warning letter for claiming its…
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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD CBD companies could reach new highs in 2021 with potential reform Not only are retailers, like Sephora, Vitamin Shopped, CVS, and Walgreen’s stocking shelves with CBD products, the industry is also seeing a significant shift in consumer attitudes toward the product. A Gallup poll shows support at a new high of 68% up from 66% year over year, leading Nielsen analysts…
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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: The Cannabis Conundrum: A Warning For Employers While many states have legalized medical and recreational marijuana, marijuana remains an illegal controlled substance under federal law. As we have previously discussed, this has created a conundrum of sorts for employers who want to maintain a drug free workplace. In New York State, the landscape for employers has just gotten more challenging.  Kelley …
As 2020 drew to a close and Congress scrambled to reach a deal to continue funding the federal government, tucked in amidst the 2124 pages of the 2021 Appropriations Bill is a new power for the FTC:  civil penalty authority for deceptive COVID-related acts and practices.  Titled the COVID-19 Consumer Protection Act (see page 2094 here), the law states as follows: (b) For the duration of a public health emergency declared pursuant to section…
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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD FDA CBD regulations put on pause as new administration moves in The removal of an FDA review of a CBD enforcement policy was anticipated as the Biden administration put a freeze on all regulations issued by the previous administration that haven’t gone into effect. However, the move is frustrating those in the industry who now have limited guidance as they produce…