The U.S. Food and Drug Administration (FDA) recently released new guidance on sourcing and product quality to companies conducting clinical research related to the development of human drugs involving cannabis or cannabis-derived compounds. The agency’s nonbinding recommendations highlight potential opportunities
Cannabis Legal Highlights
YOUR GUIDE TO THE LEGAL PRESENT AND FUTURE OF THE CANNABIS INDUSTRY
Cannabis Legal Highlights, published by Perkins Coie LLP, focuses on legal and regulatory developments in the cannabis industry. The blog covers topics such as federal and state cannabis reform efforts, including rescheduling under the Controlled Substances Act, tax implications for cannabis businesses, and evolving employment laws related to off-duty marijuana use. It also addresses legislative and ballot initiatives legalizing adult-use cannabis, banking and financial services challenges for cannabis operators, and criminal justice issues tied to cannabis convictions. The blog provides updates on litigation, policy advocacy, and regulatory changes impacting cannabis operators, ancillary businesses, and stakeholders in the evolving cannabis marketplace.
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Cannabis Legal Report—Week of January 30, 2023
Cannabis: In Focus
- FDA Rejects Citizen Petitions, Declines To Regulate CBD as a Dietary Supplement
- Ninth Circuit Affirms Dismissal of Cannabis Company’s RICO Claims
- Tenth Circuit Holds that 2018 Farm Bill Doesn’t Create Private Cause of Action for Hemp Farmers
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Wage and Hour Compliance: Overtime and Regular Rate
This blog series addresses common employment-related issues for cannabis industry professionals.
This post addresses overtime rate requirements that manufacturers and retailers of cannabis products should consider to ensure compliance with applicable state and federal law.
In addition to ensuring that…
Preventing Accidental Exposure of Illicit Cannabis Products to Underage Consumers
Earlier this month, the medical journal Pediatrics published a new study analyzing reports of accidental child exposure to cannabis edibles from 2017 – 2022, finding that the number of young children accidentally ingesting cannabis in the United States has increased…
Update: Oregon Finalizes New Regulations To Implement Psilocybin Services Act
Oregon became the first state to offer controlled use of psilocybin to the public on January 1, 2023. Psilocybin is a Schedule I psychoactive substance that is illegal at the federal level. Notwithstanding this federal illegality, psilocybin’s potential medical uses…
New York Cannabis Co. Investor Suit Survives Motion To Dismiss
The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and Exchange Commission (SEC). The…
Cannabis Legal Report—Week of January 23, 2023
Cannabis: In Focus
- New York City Attempts to Crack Down on Illicit Cannabis Market
- Connecticut Launches Recreational Cannabis Sales, With More States Expected to Follow in 2023
- Psilocybin State Updates
- FDA Issues Three New Warning Letters to CBD Product Manufacturers
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Poll: Majority of American Voters Support Federal Legalization of Cannabis
A December 2022 survey from Data for Progress reports that American voters, regardless of political affiliation, support federal cannabis legalization. Specifically, 75% of Democrats, 67% of independents, and 52% of Republicans agreed that cannabis should be legalized at the federal…
Update: California To Protect Employee Off-Duty Cannabis Use Effective 2024
California Governor Gavin Newsom signed Assembly Bill 2188 (AB 2188) into law on September 18, 2022. AB 2188 will amend the state’s employment anti-discrimination law, the Fair Employment and Housing Act (FEHA), and make it an unlawful practice for an…
Wage and Hour Compliance: Meal and Rest Breaks
This blog series addresses common employment-related issues for cannabis industry professionals.
This post addresses meal and rest break requirements manufacturers and retailers of cannabis products should consider to ensure compliance with applicable state and federal law.
In addition to ensuring…