The Future of Cannabis: State Legalization and Private Sector Perspective
Latest from Cannabis Legal Highlights
Supreme Court Narrows TCPA’s Definition of “Autodialer”
Cannabis companies are facing a slew of class action lawsuits under the Telephone Consumer Protection Act (TCPA), which prohibits unwanted automated calls and text messages. In Facebook, Inc. v. Duguid et al., the U.S. Supreme Court provided some clarity that stakeholders have been awaiting since 2015 by adopting a narrower interpretation of the term “autodialer” for purposes of the TCPA. The Court reversed an expansive interpretation of “autodialer” adopted by the U.S. Court of…
The Future of Cannabis: Federal Perspective
CBD Regulation: Recent FDA Enforcement Casts a Wider Net Over CBD Products
On March 22, 2021, the U.S. Food and Drug Administration (FDA) released two warning letters to U.S. companies selling products containing cannabidiol (CBD). These warning letters highlight the FDA’s continuing vigilance on marketing of products containing CBD. Without having undergone rigorous testing and FDA review and approval, it remains a violation of the Federal Food Drug and Cosmetics Act (FD&C Act) to sell products containing CBD that make specific health claims related to the treatment…
SAFE Banking Act Reintroduced in Senate
On March 23, Senators Jeff Merkley (D-Or.) and Steve Daines (R-Mt.) re-introduced the SAFE Banking Act. As noted previously here, the SAFE Banking Act would increase access to banking services for cannabis-related businesses. The bill would provide safe harbor and other protections under federal law to financial institutions and insurers that provide services to cannabis-related legitimate businesses. While the bill passed the House last September, it ultimately failed in the Senate.…
California Regulators Propose Tailored Proposition 65 Warnings for Cannabis Products
California regulators have proposed new tailored Proposition 65 warnings for cannabis products. These proposals would create new warning requirements for such products sold to California consumers containing THC or exposing consumers to cannabis smoke and—taken together with other proposed regulations—indicate that the Proposition 65 landscape may see some significant changes in the coming months.
Read the full article on our update page.…
California Bill Offers Insights into Future of CBD Regulation
California was an early state to legalize marijuana for recreational use, but the state has been slower to regulate hemp-derived products such as cannabidiol (“CBD”).…
What New State Cannabis Legalization Means for New Jersey Employers
As the dust continues to settle on New Jersey’s legalization and decriminalization of cannabis, employers should take note of the laws’ significant employment implications. While forthcoming regulations will better define the contours of the new requirements, below are the most pressing takeaways for New Jersey employers.…
Food & Consumer Packaged Goods Litigation Year in Review 2020
Growing Talent: A Conversation with Bryan Passman, Cannabis Industry Executive Recruiter
