Smokable CBD Products is Not Great

The Future for Smokable CBD Products is Not Great: Part 2

Back in January, I published the first part of this article, which, not surprisingly, is all about how bad the law is getting for hemp CBD vape companies. Since then, things have, also not surprisingly, gotten even worse. Let’s just jump right into it and see what’s happening. First off, California recently proposed a law

Not All CBD Topicals Are Treated Equal

Not All CBD Topicals Are Treated Equal

Last week, the Food and Drug Administration (“FDA”) released its latest round of warning letters to “cannabidiol” (“CBD”) companies. In letters dated March 15 and March 18, the FDA took issue with the sale and marketing of topicals commonly known as  “over-the-counter” (“OTC”) (i.e., non-prescription) drug products that listed CBD as an “inactive ingredient,” yet

safe banking act cannabis

The SAFE Banking Act’s Reintroduction in 2021

This week, the SAFE Banking Act’s long-awaited reintroduction finally happened, and by a bipartisan group of over 100 members of the House and 30 members of the Senate (and counting!). The legislation was first introduced in March 2019, and we’ve followed along ever since. This Act has now been passed by the House THREE times,

delta 8 thc fda legal

Is Delta-8 THC a Controlled Substance? Yes. No. Maybe.

As anticipated, Delta-8 tetrahydrocannabinol (“Delta-8 THC”) has become the hottest, most flourishing cannabinoid currently found on the U.S. market. In the past few months, the sales of Delta-8 THC products have exploded, representing the fastest growing segment of hemp-derived products. Yet, despite its growing popularity, the legality of Delta-8 THC, including that of Delta-8 THC

federal cannabis lobbying

Federal Cannabis Lobbying: Altria Has Entered the Chat

In my experience, lobbying is truly an art and not a science, and a very important art at that. And there’s been no shortage of cannabis lobbying over the years on both the state and federal level. Typically, cannabis trade groups (and there seems to be one for every cannabis topic now, including a recently

FDA FTC CBD Enforcement

Will the FTC Adopt Less Stringent Substantiation Requirements for CBD Claims?

If you follow our blog, you know we keep a close eye on enforcement actions taken by the Food and Drug Administration (the FDA) and the Federal Trade Commission (the FTC or the Commission) against companies selling and marketing cannabidiol (CBD) products. Back in December, we discussed the FTC’s decision to adopt new and more

due diligence ketamine

Ketamine Due Diligence: What Any Buyer Should Know – Part 1

We have worked on several ketamine acquisitions, and one of the most important aspects of any deal is due diligence. Shortly after term sheets or letters of intent are executed, most buyers send out a due diligence request list to the seller. This post will focus on the healthcare regulatory issues a buyer will want

Canna Law Blog Card Default

Ten Years in the Oregon Cannabis Industry

Last month, I spent a Saturday scraping together a syllabus for the Cannabis Law and Policy class I teach at Lewis & Clark Law School here in Portland, Oregon. In one unit, we go through the regulatory history of Oregon cannabis. From an academic perspective, it’s amazing to look at all the things that have

Export taxes DISC election

Does My International Cannabis Business Need to Pay U.S. Federal or State Taxes?

We regularly field inquiries from international companies and existing international clients regarding U.S. cannabis business operations. This post and the two that follow will answer questions for foreign cannabis companies regarding when they need to pay U.S. federal and state income taxes, when they need to register a U.S. business entity, and what options are

usda hemp final rule

USDA Hemp Final Rule: Hits and Misses

Last Friday, January 15th, the U.S. Department of Agriculture (the “USDA”) announced today’s publication of its hemp production final rule in the Federal Register, which will go into effect on March 22, 2021. This final rule builds on the interim final rule (the “IFR”) that was published on October 31, 2019. It includes revisions based