Cannabidiol (CBD)

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Cannabis: In Focus

  • VA Continues to Prohibit Doctors from Prescribing Cannabis to Veteran Patients
  • NY Judge Issues Court Order to Halt Cannabis Business Licensing
  • DEA Email Suggests DEA Considers Delta-8 THC a Controlled Substance
  • THC Testing Class Action Claims Proceed against Cannabis Company

Continue Reading Cannabis Legal Report – Week of August 14, 2023

Cannabis: In Focus

  • Congressional Activity—New Hearing and Bipartisan Bill on Hemp
  • Vermont Cannabis Cultivators Refused Federal Relief After Floods
  • DEA to Request Timeline for Administration’s Scheduling Review of Cannabis

Continue Reading Cannabis Legal Report—Week of August 7, 2023

On July 12, 2023, the U.S. Food and Drug Administration (FDA) released a public inventory of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally Recognized as Safe (GRAS) when used as intended. FDA developed this inventory as part of its post-market surveillance of…

Cannabis: In Focus

  • Coalition Forms To Influence Scheduling Review Process
  • FDA Holds Stakeholder Call on CBD Regulation
  • New York Cannabis Regulators Settle Cannabis Licensing Suit
  • Minnesota Legalizes Adult-Use Cannabis
  • Maryland Releases Adult-Use Cannabis Regulations

Continue Reading Cannabis Legal Report—Week of June 5, 2023

Cannabis: In Focus

  • Two Bipartisan Bills Introduced to Regulate CBD
  • Congressional Letter Circulated Regarding Biden Administration’s Cannabis Scheduling Review
  • Alcohol Industry Group Issues Open Letter Supporting Cannabis Legalization
  • SEC Charges Cannabis Company With Securities Fraud

Continue Reading Cannabis Legal Report—Week of March 27, 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
  • US Virgin Islands Legalizes Recreational Cannabis

Continue Reading Cannabis Legal Report—Week of January 30, 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 Alleging COVID-19 Benefits
  • Congressional Research Service: Cannabis Banking and the Federal Reserve

Continue Reading Cannabis Legal Report—Week of January 23, 2023

As 2022 drew to a close, the Wall Street Journal reported that the FDA is finally considering releasing potential guidance regarding cannabidiol (“CBD”) in the coming year. While the exact timeline and scope of the FDA’s potential action is unclear, the Journal asserts that the agency will decide “within months” regarding the appropriate regulation of CBD and whether that regulation would require Congressional action or new agency rulemaking. Concurrently, the FDA continues to explore potential CBD safety risks.

The agency has generally pursued limited enforcement activity to-date regarding CBD, with a focus on products in foods and beverages that make unsubstantiated health claims, such as claims that CBD could treat or prevent cancer or Covid-19. Stopping short of taking aggressive action, the FDA has only issued warning letters on CBD, despite the widespread availability of largely-unregulated food and beverage products containing the hemp-derived cannabinoid.Continue Reading Will The New Year Finally Bring FDA Guidance on CBD?

On November 16, 2022, the Food and Drug Administration (FDA) issued five new warning letters to various companies making edible products containing cannabidiol (CBD) and/or Delta-8-tetrahydrocannabinol (THC). The companies were directed by the FDA to respond within 15 days to defend how their products do not violate the Food, Drug, and Cosmetic Act (FDCA) and how they plan to bring their products into compliance with the FDCA. Failure to address the issue to the agency’s satisfaction could plausibly result in enforcement actions, including seizure and/or an injunction.

The FDA’s most recent set of warning letters builds upon warning letters sent earlier this year targeting CBD and Delta-8 THC products. Previously, FDA has largely focused on CBD products that made health claims. These new warning letters are not, however, limited to those prior concerns. The FDA now appears to be particularly concerned about CBD and Delta-8 THC products that appeal to children.Continue Reading FDA Issues New Warning Letters to Companies Making CBD and Delta-8 THC Edibles