Now that the MAUCRSA transition period is over and full cannabis testing is in the works, we can fully expect California marijuana companies to start engaging in recalls of certain products for a variety of reasons. In fact, a voluntary recall has already been initiated by The Bloom Brand where an impermissible pesticide (Myclobutanil) was
Last week, the California Department of Public Health’s Food and Drug Branch (CDPH-FDB) issued a revised FAQ on cannabidiol (CBD) in food products that will likely block the sale of hemp-derived CBD products in California — which if you’ve been in the state lately, are pretty much already everywhere. CDPH-FDB has determined that CBD sourced
It is no secret that cannabidiol (CBD) is having a moment right now. Unlike its cousin tetrahydrocannabinol (THC), which is another cannabinoid found in the cannabis plant, CBD is not psychoactive. It has been growing in popularity for years for medical and other applications, but has really taken off lately. Though CBD has become increasingly
In Cannabis Edibles and the FDA, I discussed the basics of FDA regulation of cannabis edibles. On November 1, 2017, the FDA provided further specific examples of prohibited health claims made for cannabis products, in this case, cannabidiol (CBD): The FDA has grown increasingly concerned at the proliferation of products claiming to treat or cure serious
The Food & Drug Administration (FDA) has only the jurisdiction Congress gave it in the Food, Drug and Cosmetic Act (FDCA). Under this act, the FDA has broad regulatory powers over legal drugs, with more limited powers over food. Under the FDCA, the FDA categorizes a substance as either a food or a drug depending on how
Tom Price, Secretary of Health and Human Services (HHS), resigned his post last week amid public health and personal travel debacles. Mr. Price’s resignation drew very little coverage from cannabis reporters, however, which was sort of strange because the HHS Secretary wields more influence over cannabis law and policy than any other public official besides Attorney General
Business planning is both science and art, research and forecasting. In cannabis, the forecasting quotient is challenging compared to other industries. That is because federal prohibition has created a dance around conflicts in law that is equally awkward and intricate, alongside an ever-evolving panoply of state and local rules. Our cannabis corporate attorneys field questions regarding federal prohibition daily,
It’s no secret that in the wake of the 2013 Cole Memo federal agencies greatly vary in how they treat marijuana businesses. The Department of Justice has opted to “stand down” for now in those states with “robust state marijuana regulations.” The Internal Revenue Service will not relent on enforcing section 280e against cannabis businesses, even though to do
If 2015 was the year of the marijuana recall, 2016 is going to be the year of marijuana recall response and planning. If your cannabis business does not already have a recall plan in place you are already behind the eight ball as the need to quickly pull cannabis products off the shelf is happening with increasing
