fda delta 8 hemp

The FDA Warns Consumers of the Risks Associated with Delta-8 THC Products

On Tuesday, the Food and Drug Administration (the “FDA”) released its first statement via a consumer update regarding Delta-8 tetrahydrocannabinol (“Delta-8 THC”). The agency decided to provide consumers with key information surrounding the popular cannabinoid following a sharp increase in adverse event reports involving the substance and unauthorized marketing practices directed at minors. If you

rico california cannabis

When the Hunted Becomes the Hunter: Cannabis Companies Turn to RICO

We’ve been writing about Racketeer Influenced and Corrupt Organizations Act (“RICO”) lawsuits and cannabis companies since 2015. See: Federal Judge Tosses MMJ RICO Lawsuit: Don’t Let This Happen To You Cannabis Case Summary: Civil RICO Much Ado About RICO (including parts 2, 3, 4, and 5) The Neighborhood “Gangbusters”: Avoiding Cannabis RICO Lawsuits Cannabis RICO

oda oregon hemp 2021

Oregon’s New Proposed Hemp Production Regulations

On Monday, August 30, the Oregon Department of Agriculture (ODA) released proposed updates to its hemp regulations. If you follow this blog, you may recall that in July Oregon enacted HB 3000, an omnibus bill covering a wide range of hemp-related issues. One of the new law’s provisions authorizes ODA to update its existing rules

sisley dea cannabis marijuana reschedule

The End of Sisley’s Challenge to the DEA

Well, it’s over (for now) for Suzanne Sisley. As we covered last year, Sisley, et al. v. U.S. Drug Enforcement Administration, et al., Case No. 20-71433, was an appellate case filed by a group of scientists and veterans that had sued the DEA in May 2020. They, like so many others, argued that the DEA’s

fda cbd ndi hemp

The FDA Continues to Show It Is Not Interested in Regulating Hemp-Derived Products

Last week, the Food and Drug Administration (the “FDA”) maintained its strict and narrow position on the legality of cannabidiol (“CBD”) by rejecting two new dietary ingredient (“NDI”) notifications submitted by Charlotte’s Web and Irwin Naturals. Both companies sought agency clearance to market their full-spectrum hemp extract as “dietary supplements.” In its letters to these

Intersectionality and the Movement to End the War on Drugs

Intersectionality and the Movement to End the War on Drugs

The year 2020 marked the 50th anniversary of the so-called War on Drugs. As states across the country decriminalize and commercialize legal cannabis, some have declared drugs the winner of the Drug War. There is some truth to this assessment. Two-thirds of Americans currently support decriminalizing marijuana, now referred to by its less racialized, scientific

When Canna, China, and IP Overlap

When Canna, China, and IP Overlap

As regular readers of this blog will know, cannabis businesses face unique challenges when it comes to protecting their brand, particularly in the context of federal trademark registration. The federal government’s ongoing prohibitions on cannabis with THC levels exceeding 0.3%, as well as on a wide range of CBD products, means that marks identifying those

local control cannabis federal

The Future of Cannabis Won’t be Decided by the Feds. It’s the Locals.

Nationwide, cannabis companies and advocates are hailing the Cannabis Administration and Opportunity Act as the savior of the future of cannabis (a copy of the bill is here). If the Act passes, we will finally have federal legalization and the consequences of the current federal conflict will end, or, at least be reversed in the

hemp bill fy 2022 appropriations

FY22 Agriculture Appropriation Bill: A Good Omen for the Hemp Industry

On June 29, the House Appropriations Committee (the Committee) released the draft of the fiscal year 2022 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies funding bill (the FY22 Agriculture Appropriations Bill), along with its Committee Report, in which it offers some promising provisions and instructions that would greatly benefit the hemp industry.

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

In a prior post, we discussed the federal anti-kickback statute (the “AKS”) and the implications for ketamine clinics. In short, the federal AKS prohibits anyone from paying or receiving anything of value for the referral of patients where a federal government healthcare payment program is the payor (e.g., Medicare, Medicaid, VA, etc.). 42 U.S.C. §