Cannabis Law Report

AUGUST 5, 2021

Section 6 of SB 5372 focuses on hemp extract certification: Hemp extracts are not an approved food ingredient in Washington until it is federally authorized for use as a food ingredient. The FDA has long maintained that hemp extract (setting aside hemp seed products) is not an approved food ingredient.

Extraction 105

Extraction Hemp Seed-To-Sale Food 105

Canna Law Blog

OCTOBER 12, 2021

But purchasing an insurance policy, as most of us know, is not the same as having coverage for certain kinds of losses. Plaintiffs owned a home in Grants Pass, Oregon, (the “Property”) which was insured by homeowner’s policy (the “Policy”). The Policy defined “controlled substance” pursuant to 21 U.S.C. §§ 811 and 812.

Hemp 76

Hemp CBD Policy THC 76

Cannabis Law Report

OCTOBER 28, 2021

The case involved an Oregon fire loss arising under a homeowner’s insurance policy issued by Country Mutual to Peter and Wendy Bogard. Sections 811 and 812 (as amended), regardless of whether the controlled substance is legal under any state law (for example: marijuana).” The timing of a loss matters.

CBD 52

CBD THC Policy Hemp 52

Cannabis Law Report

JULY 20, 2022

Largely, hemp can be legally cultivated, processed and sold– but only for scientific, medicinal 2 or food or industrial purposes 3. Applicable law: The Narcotic Drugs and Psychotropic Substances Act, 19852 (NDPS), Drugs and Cosmetics Act,1940 (DCA), excise laws and cannabis specific state laws apply.

Medicine 52

Medicine Hemp Compliance Compliance 52

Cannabis Law Report

JANUARY 10, 2022

The policy emphasizes that recreational marijuana use remains illegal at the federal level – but notes that PAST recreational drug use should not be determinative in making an adjudicative decision. If you pop hot on a drug test, you will have a hard time arguing that you didn’t know better with this policy clarification on the table.

Marijuana 52

Marijuana Policy Recreational CBD 52

Canna Law Blog

OCTOBER 14, 2019

market, this blog post provides a brief overview of the regulatory framework surrounding Hemp-CBD pet foods. FEDERAL POLICIES. Pursuant to Sections 301(ll) and 201(ff)(3)(B) of the Food, Drug and Cosmetic Act (“FD&CA”), food cannot contain an ingredient also found in an approved drug. STATE LAWS.

Pets 15

Pets Food Hemp CBD 15

Cannabis Law Report

AUGUST 25, 2022

Equity operators are also eligible for rebates under the new law. . In addition to substantial tax policy reform, AB-195 imposes new compliance requirements for operators including those related to Labor Peace Agreements (LPAs) and delivery trips in METRC. Human Food Manufacturer. Human Food Manufacturer with Cannery License.

Law 52

Law Food Packaging Hemp 52

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 85

CBD Seed-To-Sale Legalization Hemp 85

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. That exchange takes U.S. So what does this mean for U.S.

Hemp 75

Hemp CBD Policy Banking 75

Canna Law Blog

FEBRUARY 14, 2023

Probably because the Food and Drug Administration (“FDA”) hasn’t taken any serious enforcement action against any company or individual that aids and abets violations of the Food, Drug & Cosmetic Act (the “Act”) when it comes to CBD. Not much thought is given to ancillary CBD liability. Why is that?

CBD 69

CBD Food Law Pets 69

Canna Law Blog

AUGUST 30, 2020

Many state law enforcement agencies simply mistook hemp for an illegal controlled substance. Here’s a good example: New York law enforcement apparently arrested and charged a person transporting hemp that they thought was illegal cannabis (apparently the company is now suing). laws, regulations, and policies everywhere they go.

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Hemp Agriculture Extraction THC 98

Canna Law Blog

FEBRUARY 9, 2019

All of this has been based on administrative policy declared by the Secretary of State’s Office, not on legislation or a change to the California Business and Professions Code, but Senate Bill 185 , which was introduced on January 30, 2019 and just went to committee, would change that.

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Legislation Agriculture Food Programs 65

The Blunt Truth

MAY 6, 2021

Recently, when dismissing a job-applicant’s disability discrimination claims brought under California state law, the U.S. Wismettac Asian Foods, Inc. The HR team met with senior management, and all agreed that it was Company policy for everyone to submit to a preemployment drug screen. Case Summary. In Espindola v.

Marijuana 111

Marijuana Conditions Policy Topical 111

Cannabis Law Report

FEBRUARY 25, 2019

In the early months of 2019, and after the recent passage of the 2018 Farm Bill, an increasing number of state and municipal agencies continue to pay close attention to hemp-derived CBD products, in some cases leaving products under siege by regulators.

CBD 71

CBD Food Compliance Compliance 71

Canna Law Blog

JANUARY 19, 2019

It still makes clear that bringing cannabis into a jurisdiction would be unlawful where it would violate the laws of that jurisdiction. It’s not yet totally clear how this would play out for permit holders in states with current regimes, i.e., whether they would have to get federal permits and/or what criteria they’d be held to.

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Legislation Marijuana State Laws Law 94

Canna Law Blog

DECEMBER 23, 2019

As we previously explained, alcoholic beverages are regulated under federal and state law. Most states, including Oregon, mandate that manufacturers provide proof to their liquor control board that their product formula has received approval from the U.S. Alcohol and Tobacco and Trade Bureau (“TTB”).

CBD 64

CBD Seed-To-Sale Food Consumption 64

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 69

Hemp Business Cultivation Banking 69

Canna Law Blog

DECEMBER 23, 2019

As we previously explained, alcoholic beverages are regulated under federal and state law. Most states, including Oregon, mandate that manufacturers provide proof to their liquor control board that their product formula has received approval from the U.S. Alcohol and Tobacco and Trade Bureau (“TTB”).

CBD 54

CBD Seed-To-Sale Food Consumption 54

Veriheal

JUNE 16, 2021

If you haven’t worked in the food industry, you might be amazed at some of the people that waiters and waitresses have to deal with. Going a step further beyond voicing support, Amazon announced they are revising their workplace policy regarding cannabis consumption. I worked as a waitress for years.

Media 90

Media Consumption Cannabis Vaping 90

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 68

CBD Hemp Extraction Food 68

Canna Law Blog

MAY 10, 2019

Second, the law obviously changes nothing about the Controlled Substances Act or state law. Psilocybin is still a Schedule I substance per the federal Controlled Substances Act and Colorado law. ” The law does not expressly allow for the manufacture of food or other products out of mushrooms.

Decriminalization 71

Decriminalization CBD Food Law 71

Canna Law Blog

JULY 5, 2020

Our attorneys track these developments in real-time on behalf of multiple clients, and we provide a 50-state matrix showing how states regulate hemp and hemp products. It has determined that hemp-seed ingredients are generally safe for use in foods and approved Epidiolex , a CBD isolate used for the treatment of epilepsy.

Hemp 65

Hemp CBD Seed-To-Sale Agriculture 65

Canna Law Blog

AUGUST 19, 2020

One agency, though, that has surprisingly never lifted a finger against state-legal cannabis–though it is taking a closer look at CBD–is the Federal Trade Commission ( FTC ). oils, tinctures, capsules, tablets, gummies, vape liquids, conventional foods, topicals, and pet treats and capsules).

Pets 68

Pets Safety Packaging CBD 68

Canna Law Blog

OCTOBER 22, 2019

In the midst of this uncertainty, we have been stressing to our clients the importance of insurance coverage for your business (see Anatomy of a Cannabis Insurance Policy Part 1: The Basics )– especially insurance that covers your liability for your marijuana- and hemp-derived products. Breach of warranty.

Business 44

Business Policy Pets Vaping 44

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 60

Hemp CBD Seed-To-Sale Compliance 60

Cannabis Law Report

MARCH 19, 2020

Recent regulatory action by the US Food & Drug Administration (FDA) and Federal Trade Commission (FTC), however, is an important reminder that the presence of a product is not necessarily a reflection of the government’s position on its legality. In the absence of federal action, states have developed their own regulatory schemes.

CBD 45

CBD Research and Development Seed-To-Sale Data 45

Cannabis Law Report

JUNE 11, 2019

Hemp growth programs took root in four different states, expanded in two states, and legislation awaits the governor’s signature in another state in the month of May. State law defines hemp using the 2018 Farm Bill and exempts hemp and hemp-derived products from scheduled control.

Hemp 40

Hemp Food Retail Legislation 40

Cannabis Law Report

MARCH 19, 2020

Retailers are still required to check a customer’s age under state law. Nyhoff stated that such businesses are essential health care operations. One of Colorado’s largest dispensary chains will be the first to implement medical marijuana delivery under a new state law …but only from one location.

Food 59

Food Dispensary Business Retail 59

Greenspoon Marder Cannabis Law Group Blog

OCTOBER 3, 2019

On Tuesday, the first cannabis café in the United States opened in West Hollywood. Lowell Café markets as “America’s first cannabis cafe serving farm fresh food, coffee, juice, and cannabis daily. Due to the current state laws regarding cannabis and the FDA’s position on hemp-infused food products, no infused dishes will be served.

Consumption 40

Consumption Food Vaping Concentrates 40

Canna Law Blog

DECEMBER 24, 2019

Hemp-CBD is the main hemp consumer market , and businesses of all sizes are chomping at the bit in the food, beverage, and supplement world to get a handle on manufacturing, distributing, and selling hemp-CBD products as the newest wellness craze.

Banking 74

Banking Hemp CBD Cultivation 74

Cannabis Law Report

MAY 6, 2022

Federal Food and Drug Administration (“FDA”) this week issued consumer warnings and sent letters to five companies, alleging that they are selling products in a way that violates Food, Drug and Cosmetic Act (the “FD&C Act”). Some states require all product labels to have custom QR codes that link to a COA. Michelle R.E.

THC 52

THC CBD Media Food 52

Cannabis Law Report

DECEMBER 2, 2021

The hemp-derived cannabinoid market continues to grow and evolve despite lingering questions over federal legality and numerous state laws that try to keep pace. AB45 allows for hemp-derived cannabinoids, extracts and derivatives in food and dietary supplements with various restrictions. Your LinkedIn Connections.

THC 52

THC Hemp Concentrates Extraction 52

Canna Law Blog

JANUARY 13, 2020

The definition also includes components, parts, and accessories of tobacco products and excludes products that are classified as drugs or devices under the Food, Drug, and Cosmetic Act (“FDCA”), even if those products are made or derived from tobacco.

Vaping 81

Vaping CBD Hemp Consumption 81

Canna Law Blog

OCTOBER 7, 2019

In another sense, the Order is broader than anticipated: it requires OLCC and OHA to come up with emergency rules, legislative proposals and even an anti-vaping education campaign, while creating a Vaping Public Health Workgroup to presumably drive Oregon policy going forward.

Vaping 82

Vaping Terpenes Retail Legislation 82

Cannabis Law Report

JUNE 26, 2022

Bush’s national drug control strategy, Congress passed legislation to require schools, colleges and universities to implement and enforce drug and alcohol prevention programs and policies as a condition of eligibility to receive federal funds and assistance. See, for example, the Career Services Policy at Colorado State University.

Research and Development 52

Research and Development Education Programs Policy 52

Canna Law Blog

AUGUST 6, 2019

In Indiana, a group of retailers who sell CBD products filed a lawsuit in the Southern District of Indiana to declare Indiana’s law making it illegal to manufacture, finance, deliver, or possess “smokable hemp” under state law.

Hemp 73

Hemp Seed-To-Sale Packaging Agriculture 73

Cannabis Law Report

JULY 16, 2019

Food, Beverage and Agribusiness. Shook, Hardy & Bacon’s Cannabis Law Practice has released a report in partnership with ALM Media, exploring the impact of the global cannabis economy on the food and beverage, health and wellness, and consumer goods industries. Read the full report at [link]. Life Sciences and Biotechnology.

Supply Chain 45

Supply Chain Legalization Pharmaceutical Food 45