Perspectives on Cannabis

Last week, the Drug Enforcement Agency (DEA) published in the Federal Register its Final Order placing FDA-approved cannabidiol drug products (CBD) containing no more than 0.1 percent tetrahydrocannabinols in schedule V of the Controlled Substances Act. 

US Customs and Border Protection’s Executive Assistant Commissioner of Field Operations, Todd Owen, recently spoke with Politico and confirmed that CBP will continue to apply long-standing US federal laws and regulations that treat marijuana as a banned substance at the US border. 

California recently announced policy drawing lines between permitted and prohibited sources of cannabinol in products intended to be eaten.

The association between the alcohol beverage and cannabis industries continues to grow. Dan O’Neill, a former CEO of Molson Brewery and past senior executive at Campbell Soup Company and H.J. Heinz, has recently joined the board of CannaRoyalty.

Canadian cannabis producer, Hydropothecary, announced on April 11, 2018 that it had signed a five-year deal to supply the Société des alcools du Québec (SAQ), a Quebec Provincial Crown Corporation, with cannabis for distribution to consumers, once marijuana legalization takes effect later this year.

Canadian cannabis producer, Hydropothecary, announced on April 11, 2018 that it had signed a five-year deal to supply the Société des alcools du Québec (SAQ), a Quebec Provincial Crown Corporation, with cannabis for distribution to consumers, once marijuana legalization takes effect later this year.

Last October, we alerted you that watchdog groups were filing notices of violation (NOVs) against cannabis dispensaries for alleged violations under Proposition 65.

As we reported in October 2017, marijuana dispensaries represent the latest wave of Proposition 65 targets.

On January 4, 2017, Attorney General Jeff Sessions announced the rescission of an Obama-era Department of Justice guidance known as the “Cole Memo” that provided guidelines for the federal enforcement of state-compliant marijuana possession and regulation of marijuana production.

Last week, Tarukino, Inc., a Seattle, WA based beverage company, announced the launch of six cannabis-infused beverage products, which the Washington State Liquor Control Board had recently approved for marketing in the state.

California agencies posted their proposed emergency regulations for commercial medicinal and adult-use cannabis.

The US Food and Drug Administration recently issued warning letters to four companies.

It has been widely reported that Constellation Brands has acquired a 9.9% interest in Canopy Growth Corp., a Canadian vendor of marijuana products. This is the first foray by a major supplier of alcohol beverages in this area.

Proposition 65 requires that businesses with 10 or more employees provide a clear and reasonable warning to California consumers before knowingly and intentionally exposing them to any chemical on a list of more than 900 chemicals known to cause cancer or reproductive toxicity.

For branded cannabis products entering the California market, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), passed on June 27, 2017, imposes restrictions on how and where cannabis products can be advertised. 

Over the past month, California has been a veritable hotbed of activity regarding the regulation of cannabis for both medical and adult use.

On July 21, the US District Court for the District of Columbia upheld FDA’s authority to regulate e-cigarettes and other electronic nicotine delivery systems (“ENDS”) as though they are tobacco, even though these products do not actually contain tobacco. 

In an interview with Marijuana Business Daily, Arent Fox associate Emily Leongini discusses the importance of cannabis companies supporting their claims about their products with data.

Responding to requests from the cannabis industry, ASTM International, one of the world’s largest voluntary standards-developing organizations, recently announced plans to develop industry standards that would apply to “the full life cycle of cannabis” and consumable cannabis products.

In an interview with Dope Magazine, Food and Drug associate Emily Leongini discusses how the US Food and Drug Administration (FDA) is currently responding to the proliferation of state-legalized cannabis and how that could impact the growing cannabis industry.

Litigation associate Kirsten Hart and FDA associate Emily Leongini co-wrote the article, “3 Issues Recreational Cannabis Entrepreneurs and Investors Will Face in California,” which was featured in the Los Angeles Business Journal.

In the wake of the legalization of cannabis in the state of California following last week’s election, it is important for businesses to take stock of several legal issues as opportunities within this burgeoning market continue to grow.

On Nov. 8, 2016, California voters passed Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act.

Ending months of speculation, the Drug Enforcement Administration announced yesterday that it declined to down-classify marijuana from Schedule I of the Controlled Substances Act for the fifth straight time.

Last week, bipartisan legislation was introduced in the US Senate and the House of Representatives to amend the Controlled Substances Act and ease federal obstacles for medical researchers to conduct clinical studies on the medical benefits of marijuana.