Food and Drug Administration (FDA)

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

  • FDA and FTC Issue Cease and Desist Letters to Companies Selling Delta-8 Edibles
  • FDA Releases Draft Guidance for Psychedelic Drug Research
  • Federal Agencies Investigating Former Oregon Secretary of State’s Ties to Cannabis Company
  • “Plain” Packaging Guidelines for Missouri Cannabis Products Go Into Effect July 30

Continue Reading Cannabis Legal Report—Week of July 17, 2023

The Coalition for Cannabis Scheduling Reform (CCSR) recently released its comprehensive report on the federal classification of cannabis, co-authored by Perkins Coie Cannabis industry group co-chair Andrew Kline, with support from associate Tommy Tobin, and edited by paralegal Hanna Barker Mullin.

CCSR makes the case in its report that marijuana is improperly placed in the

U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra shared during a press conference on June 15 that relevant federal agencies are working to complete their administrative review of cannabis scheduling this year, according to Marijuana Moment.

Last October, President Biden took the historic step of directing his administration to “expeditiously” review

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

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 for clinical researchers and sponsors of investigational new drugs after the 2018 Farm Bill significantly altered the regulatory landscape applicable to cannabis products.Continue Reading FDA Releases Guidance on Clinical Research into Cannabis-Derived Drugs

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

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 consistently and significantly over the past five years. According to the study, children, especially those under age five, are at particular risk as they may not be able to distinguish between copycat tetrahydrocannabinol (THC) products and the well-known treats they resemble.

As we’ve written elsewhere, states impose strict restrictions on underage access to cannabis products in the licensed marketplace and generally prohibit marketing cannabis products to minors. The study’s findings emphasize the risks posed by copycat THC products and echo concerns raised by the U.S. Food and Drug Administration (FDA) in a 2022 consumer alert. The agency noted many “edible products are designed to mimic the appearance of well-known branded foods by using similar brand names, logos, or pictures on their packaging. These copycats are easily mistaken for popular, well-recognized foods that appeal to children.” As the FDA detailed, “accidental ingestion of these products can lead to serious adverse events, especially in children.”Continue Reading Preventing Accidental Exposure of Illicit Cannabis Products to Underage Consumers