Cannabis Law Update

Updates on Laws, Regulations and Trends Impacting the Cannabis Industry

Latest from Cannabis Law Update - Page 2

In an important decision for cannabis companies facing class action litigation over the alleged misbranding of products containing CBD, a Southern District of Florida court recently held that because the FDA is exercising regulatory authority over the labeling of CBD products, litigation must be halted until the FDA completes its rulemaking. Thus, the court stayed the case of Snyder v. Green Roads of Florida, Case No. 0:19-cv-62342-UU (S.D. Fla.) pursuant to the primary jurisdiction doctrine.…
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…
California’s Office of Environmental Health Hazard Assessment (OEHHA) has finalized the listing of “cannabis (marijuana) smoke” and delta-9-tetrahydrocannabinol (THC) as reproductive toxins under Proposition 65. The listings are effective as of January 3, 2020.  Under Prop 65, enforcement of the warning requirements begins one year after listing, which, in this case, gives businesses until January 3, 2021, to determine if warnings are required for their products and, if so, to post a proper warning (such as…
The 2018 Farm Bill, which legalized the production and sale of hemp, allows states and Indian tribes to create and administer their own hemp production plans. Pursuant to the 2018 Farm Bill, the United States Department of Agriculture (“USDA”) is authorized to approve state and tribal hemp production plants. On December 27, 2019, the USDA announced that it had approved for the first time six hemp production plan. The approvals include plans submitted by three…
Just in time for the holidays – and the growing season – the U.S. Environmental Protection Agency (EPA) has granted new registrations for pesticides to be used on hemp crops, including, for the first time, hemp used in the production of cannabidiol (CBD) products.  The new approvals add hemp to the list of crops to which the 10 pesticide products, each of which already is registered for use on a variety of other crops, can…
Earlier this month, two federal courts—one in the Southern District of New York, another in the Western District of Washington—analyzed the issue of whether a federal court has jurisdiction to hear what would otherwise be routine breach of contract cases involving cannabis. Even though the cannabis-based businesses were legal at the state level in both cases, both courts came to the conclusion that the federal Controlled Substances Act (“CSA”) likely divested them of jurisdiction to…
As we previously reported, on October 31, 2019, the U.S. Department of Agriculture (“USDA”) released its highly anticipated interim final rule governing hemp regulations.  The interim final rule outlines provisions for USDA to approve plans submitted by states and Indian tribes for the domestic production of hemp. It also establishes a federal plan for producers in states or territories of Indian tribes that do not have their own USDA-approved plan.  The interim final rule…
In June 2019, the Illinois’ Cannabis Regulation and Tax Act (HR1438) (“Cannabis Act”) was signed into law, legalizing the use and possession of recreational cannabis for adults age 21 or older beginning January 1, 2020.  In a previous Labor Days blog post, we discussed the likely impact of this law on employers in Illinois.  In short, the Cannabis Act (1) permits employers to establish non-discriminatory, “reasonable zero tolerance or drug free workplace policies” that…
On the latest episode of the Ad Law Access Podcast, partner Kristi Wolff discusses FDA’s recent CBD warning letters, Commissioner nominee Dr. Stephen Hahn’s confirmation hearings, and a preview of this week’s Cannabis Law Update webinar. On Thursday, December 5, from Noon – 1:00 Eastern we will be holding a webinar on the emerging cannabis regulatory and litigation landscape. This program will cover several areas, including the following: Litigation trends Prop 65 applicability Trade…
The headline may sound like a Frank Zappa tune, but in reality, California in fact is considering listing both acetaminophen (the active ingredient in Tylenol) and cannabis smoke, along with delta-9-tetrahydrocannabinol (otherwise known as “THC”), under Proposition 65. Marijuana smoke has been listed as a Prop 65 carcinogen since 2009.  The California Office of Environmental Health Hazard Assessment (OEHHA), which oversees the Prop 65 program, is now considering also listing cannabis smoke and THC as reproductive toxins…