Cannabis Law Report

DECEMBER 28, 2021

On January 1, 2022, two new state laws will become effective in Illinois and Oregon and could cause significant disruption to the vapor industry. We provide background on the legislation and discuss the potential implications for the sales of vapor products in the respective states. By Azim Chowdhury & Taylor D.

State Laws 59

State Laws Law Food Legislation 59

Cannabis Law Report

MARCH 17, 2020

The United States Patent and Trademark Office has maintained its refusal to register trademarks for most cannabis-based products on the ground that use of those products is federally unlawful. But what about state or common law rights in trademarks for cannabis products? Kiva Brands, Inc. BACKGROUND. Defendant Kiva Brands, Inc.

State Laws 59

State Laws Law Cannabis Food 59

Cannabis Law Report

JUNE 3, 2021

Montana agriculture officials say hemp and hemp-derived substances can be used under a new state law in commercial animal feed, but with limitations. Food and Drug Administration approval, state agriculture officials said. A measure sponsored by Fort Benton Republican Rep.

Hemp 80

Hemp Law Pets Agriculture 80

SpeedWeed

AUGUST 2, 2021

A recent lawsuit filed against the Oklahoma Medical Marijuana Authority (OMMA) claims that the organization did not make its meeting agenda available to the public, which violated a state law known as the Oklahoma Open Meeting Act. According to Durbin, the OMMA violated this law. . View original article.

State Laws 52

State Laws Law Seed-To-Sale Marijuana 52

Canna Law Blog

NOVEMBER 30, 2019

To really understand the legal status of Hemp CBD in California, one should understand the state’s stance on “cannabis” The term “cannabis” is a legally defined term that means the Cannabis sativa L. The FDA did not allow Hemp CBD to be added to foods. plant with more than.3% plant with.3% plant with.3%

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Hemp CBD Food Sativa 123

Canna Law Blog

JANUARY 19, 2019

The law wouldn’t allow complete legalization without regulation. It still makes clear that bringing cannabis into a jurisdiction would be unlawful where it would violate the laws of that jurisdiction. The bill would also give the Food and Drug Administration the same authority over marijuana that it has over alcohol.

Legislation 111

Legislation Marijuana State Laws Law 111

Canna Law Blog

FEBRUARY 25, 2019

As we previously explained , alcoholic beverages are regulated by federal and state laws. Cannabis is heavily regulated at the state level but unlike alcohol, it is—for the most part—strictly prohibited under federal law. Pre-Manufactured Alcohol Beverages Infused with Hemp.

CBD 110

CBD Seed-To-Sale Legalization Hemp 110

Cannabis Law Report

AUGUST 7, 2022

Some exceptions have been made to allow the use of certain psychedelics in religious ceremonies, and some states and municipalities have deprioritized enforcement of laws prohibiting possession of plant and fungi-derived substances (see below). But these substances remain illegal under federal law. Where Laws Are Changing.

Law 74

Law Research and Development Therapy Treatment 74

Canna Law Blog

JANUARY 6, 2020

The holding of this case suggests that a compound that has long been used as a food or dietary supplement for therapeutic reasons does not meet the definition of drug, and thus, may be lawfully sold and marketed in interstate commerce without the approval of the Food and Drug Administration (“FDA”).

CBD 101

CBD Hemp Extraction Food 101

Cannabis Law Report

JUNE 8, 2021

The FDA’s role in the cannabis legal landscape, and how the lack of leadership and regulation has led to complex state-by-state laws CBD companies must navigate. The lawful questions surrounding the incorporation of CBD into foods, beverages, and supplements, and the legal boundaries regarding health claims on Hemp products.

Hemp 105

Hemp CBD Legalization Banking 105

Canna Law Blog

DECEMBER 23, 2019

About a year ago, we were the first law firm to report on the legality of manufactured cannabidiol (“CBD”)-infused alcoholic beverages. In addition, the state agency announced it would begin cracking down on the sale of CBD-infused alcoholic beverages manufactured in the state starting February 2020.

CBD 91

CBD Seed-To-Sale Food Consumption 91

Canna Law Blog

DECEMBER 24, 2019

And if a financial institution is indeed banking your hemp-CBD business, they’re certainly doing it at their own risk in the face of the Bank Secrecy Act and federal anti-money laundering laws. Department of Agriculture (“USDA”) interim regulations for state and tribal hemp cultivation plans under the ’18 Farm Bill.

Banking 106

Banking Hemp CBD Cultivation 106

Canna Law Blog

JUNE 7, 2019

On June 19, 2019, at 1:30 PST, the Washington State Bar Association’s Cannabis Law Section will be presenting an online CLE on hemp. I’ll be joined by my esteemed colleagues to shed some light on hemp laws both nationally and here in the Evergreen State. Industrial Hemp: Don’t Forget About State Law!

Hemp 94

Hemp CBD Agriculture Food 94

Cannabis Law Report

FEBRUARY 22, 2020

A federal district court has eliminated a cannabis company’s affirmative defense to federal trademark infringement claims based on the company’s prior use of a trademark that was legal under state law but not federal law. Notably, Kiva Brands’ counterclaim based on its common law rights under California law is still pending.

Law 59

Law State Laws Edibles Food 59

Cannabis Law Report

AUGUST 5, 2021

On April 16, 2021, Governor Jay Inslee signed Senate Bill 5372 (SB 5372), “An Act relating to hemp processor registration and a hemp extract certification into law.” SB 5372 went into effect on July 25, 2021, and creates a voluntary registration and certification program that hemp processors can opt-in to in the Evergreen State.

Extraction 105

Extraction Hemp Seed-To-Sale Food 105

Marijuana Lawyer Blog

MARCH 25, 2019

Laws on the CBD food craze are all over the map, and misinformation is rampant. No substantial research exists with regard to the health benefits of the compound, yet we do know it’s part of a significant health food craze. California and Federal Laws on CBD in Food and Drink Products.

Food 40

Food CBD Pets Hemp 40

Cannabis Law Report

AUGUST 27, 2021

Almost three years since the legalization of hemp production in the United States, the U.S. Food and Drug Administration (FDA) is still in the process of determining the regulatory framework for CBD and other hemp derivatives. However, the plain language of the Drug Preclusion, supporting case law ( see Pharmanex, Inc.

Hemp 105

Hemp Safety Food Data 105

Canna Law Blog

JANUARY 13, 2020

Consequently, the sale of Hemp-CBD-infused smokable products is in a legal gray area , not explicitly allowed nor prohibited under federal law. The manufacture, sale and marketing of non-flavored, nicotine or tobacco-free CBD vaping products, as well as other smokable hemp products , may nonetheless be banned under certain state laws.

Vaping 114

Vaping CBD Hemp Consumption 114

Canna Law Blog

AUGUST 23, 2019

Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with state law. For example, certain hemp-derived products may now or in the future be regulated by state health departments and/or the U.S. Food and Drug Administration.

Hemp 94

Hemp Business Cultivation Banking 94

Cannabis Law Report

AUGUST 25, 2022

Governor Newsom signed AB-195 into law, which came with sweeping changes specific to the cannabis sector — including changes to cannabis tax & relief, compliance, and oversight. Additionally, the state released its first-ever applications for manufacturing commodities from industrial hemp. Human Food Manufacturer.

Law 52

Law Food Packaging Hemp 52

Canna Law Blog

AUGUST 16, 2019

State governments and the federal Food and Drug Administration (“FDA”) take wildly different approaches when it comes to Hemp-derived cannabidiol (“Hemp CBD”), and for the most part, the ball is still in the government’s court to actually regulate hemp and Hemp CBD. The Food and Drug Administration (“FDA”) and U.S.

Hemp 100

Hemp CBD Supply Chain Food 100

Veriheal

MAY 16, 2025

Another factor at play for cannabis consumers is that dispensaries are cash-only businesses due to current federal banking laws , eliminating the option to use credit to make their purchases. Since cultivators grow cannabis domestically in the U.S., Staying in compliance means avoiding heavy fines and possible revocation of licenses.

Supply Chain 83

Supply Chain Compliance Compliance Dispensary 83

Cannabis Law Report

OCTOBER 15, 2021

The California Legislature has passed a bill that will allow California consumers to purchase food, beverage, dietary supplements, and cosmetics manufactured with hemp-derived cannabinoids such as cannabidiol (CBD). Assembly Bill 45 (AB45), which is expected to be signed into law before Oct. No dice, said the FDA.

Food 52

Food Cannabinoids Hemp Legalization 52

Canna Law Blog

DECEMBER 9, 2019

have both been served with consumer class suits in California alleging that the products made by both companies violate FDA regulations and therefore violate California state law. And now, adding to the regulatory woes faced by many CBD companies, Charlotte’s Web Holdings Inc. and Infinite Product Co. 321(ff)(3)(B)]. . §

CBD 98

CBD Food Hemp Topical 98

Canna Law Blog

FEBRUARY 24, 2019

These swag bas also contain CBD products, which could get people in trouble with the California Department of Public Health Food and Drug Branch. And if there are foods or beverages in those bags that contain CBD, they also violate both state and federal laws according to the FDB and the FDA.

Wellness and Beauty 104

Wellness and Beauty Legalization Food CBD 104

Cannabis Law Report

JUNE 20, 2021

We are the official cannabis labor union, and we are asking you to table this ordinance and not ban good jobs,” said Hugh Giordano, of Blackwood, representing the United Food and Commercial Workers union in Egg Harbor Township, which he said has 15,000 members in South Jersey. Towns that do not act by then will be governed by the state’s law.

Education 81

Education Food State Laws Cannabis 81

Cannabis Law Report

NOVEMBER 15, 2021

Today, I intro’d the #StatesReformAct a turnkey federal tax and regulate framework for existing state laws. This bill supports veterans, law enforcement, farmers, businesses, those with serious illnesses, and it is good for criminal justice reform,” Mace said in a statement on Monday. The Official Press Release. — Rep.

Programs 98

Programs Food Business Seed-To-Sale 98

Cannabis Law Report

JUNE 4, 2020

Relying on the regulatory and legal uncertainty surrounding cannabidiol (CBD), Food and Drug Administration statements and state laws, several class actions have been filed since … Read More.

Law 45

Law CBD Food State Laws 45

Canna Law Blog

JANUARY 16, 2020

Shopify’s policy explicitly states: Shopify can’t provide advice on what and where merchants can sell, but we recommend that merchants review and monitor federal, state, and local laws, as well as monitor updates from the Food and Drug Administration (FDA).

Hemp 93

Hemp CBD Seed-To-Sale Compliance 93

Illinois News Joint

JANUARY 16, 2023

“Our goal is to bring budtenders, dispensary management, and new dispensary license holders together for three unique events that incorporate networking, education, entertainment, food, beverage, and cannabis hospitality,” Cooper said.

Events 98

Events Dispensary Food Education 98

Canna Law Blog

MARCH 4, 2020

There are questions about the logistics of opening and running one of these types of businesses, given the complex interplay of laws and regulations promulgated by bodies from the U.S. Food and Drug Administration (FDA) to cities and counties. Third, multiple existing and state laws and regulations will apply to a ketamine clinic.

Therapy 116

Therapy Legalization Chronic Pain DEA 116

Canna Law Blog

MAY 10, 2019

Let’s break down exactly what this law does and doesn’t do. First, the law doesn’t “legalize” psilocybin to the same extent that cannabis has been “legalized” in many states. Second, the law obviously changes nothing about the Controlled Substances Act or state law.

Decriminalization 96

Decriminalization CBD Food Law 96

Canna Law Blog

DECEMBER 23, 2019

About a year ago, we were the first law firm to report on the legality of manufactured cannabidiol (“CBD”)-infused alcoholic beverages. In addition, the state agency announced it would begin cracking down on the sale of CBD-infused alcoholic beverages manufactured in the state starting February 2020.

CBD 71

CBD Seed-To-Sale Food Consumption 71

Canna Law Blog

MAY 14, 2019

Banking , intellectual property , food and beverage (and cosmetics ), international trade , domestic trade , state laws , ag production contracts , etc., law with respect to cannabis. When it comes to industrial hemp, the 2018 Farm Bill upended all of these things.

Hemp 97

Hemp CBD Policy Banking 97

Canna Law Blog

FEBRUARY 9, 2019

State trademarks for cannabis goods and services have been an ongoing saga in California that we have written about extensively. The specification matches the classification of goods and services adopted by the United States Patent and Trademark Office.

Legislation 72

Legislation Agriculture Food Programs 72

Canna Law Blog

MAY 21, 2019

The USPTO began by reiterating what we have written about extensively: “Use of a mark in commerce must be lawful under federal law to be the basis for federal registration under the U.S. The Federal Food Drug and Cosmetic Act, 21 U.S.C. §§301 Trademark Act.” 801 et seq. 301 et seq (FDCA). Cannabis sativa L. with more than 0.3%

Hemp 82

Hemp Agriculture Pets Food 82

Cannabis Law Report

JUNE 6, 2019

AUTHOR: Patrick Goggin and Ashley Simpson , Hoban Law Group. PUBLISHER: CANNABIS LAW REPORT. In July 2018, CDPH issued an FAQ asserting the agency’s position, consistent with the FDA, that hemp-derived CBD is not an approved food ingredient, food additive, or dietary supplement.

Hemp 66

Hemp Legislation Food Consumption 66