California Ban Flavor Vapes

California May Ban Flavored Cannabis Vapes

The California legislature is considering a new law (AB-1639) that, if passed, would restrict how cannabis vape products are made and sold. AB-1639 would change California law for tobacco and cannabis businesses (for the purposes of this post, we’ll just focus on the cannabis side of the law), and would effectively prohibit almost any kind

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Oregon Psychedelics: Psilocybin on the Ballot this November!

On June 29, the folks at “Yes On IP 34” announced that the Psilocybin Therapy Initiative will qualify for the ballot this November in Oregon.  The campaign said it had collected over 164,000 signatures and that its recent submission of additional signatures would comfortably put the initiative above the requirements. This is exciting news! You

The United States Constitution in red and blue torn in half representing division between Democrats and Republicans

Cannabis, Competition, and a Constitutional Crisis

On June 23, 2020, John Elias, a career Department of Justice (DOJ) official, submitted written testimony to the U.S. House Committee on the Judiciary (the Committee) in response to a Congressional investigation into the politicization of the DOJ office under Attorney General William Barr. Elias claims Barr directed the DOJ’s Antitrust Division (the Division) to

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An Anti-Climactic End to the First Cannabis Patent Litigation?

Our last update on the first-ever cannabis patent case, United Cannabis Corporation (“UCANN”) v. Pure Hemp Collective, Inc. (“Pure Hemp”) was back in July 2019. A lot has changed in the world since then (although the case was largely unremarkable), and the possible ending to this once-deemed “pivotal” case for the industry may now face

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BREAKING: Is Cannabis an “Essential” Service under California’s COVID-19 “Stay At Home” Order?

At 5:30 p.m. yesterday, California Governor Gavin Newsom took a giant step forward in preventing the spread of COVID-19 by enacting a “Stay At Home” order (the “Order”) across the state, mandating that California state residents remain in their homes, except to fulfill “essential” needs. The Order is in place seemingly indefinitely as Newsom would

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California Cannabis Appellations: Proposed Regulations Are Here!

On February 20, 2020, the California Department of Food and Agriculture (CDFA) released its proposed regulations for the Cannabis Appellations Program, something that many cultivators have been anticipating since the inception of the Medicinal and Adult Use Regulation and Safety Act (MAUCRSA). We’ve written about appellations and their applicability to cannabis before, but a quick

The Sale of CBD Foods Is Legal in the UK (For Now)

The Sale of CBD Foods Is Legal in the UK (For Now)

Last week, the Food Standard Agency (“FSA”), the agency responsible for protecting public health in relation to food in England, Wales and Northern Ireland (collectively, the “UK”), cleared a path for the sale of CBD-infused food for the next 12 months. Specifically, the FSA is giving the CBD industry until March 31, 2021 to submit

Social Media CBD Ads

Social Media Bans on CBD Ads Make No Sense

Last month, comedian Sacha Baron Cohen delivered a now widely shared keynote speech at an Anti Defamation League event in New York, in which he spared no harsh words for social media companies who he claims provide a platform for hate speech and the proliferation of fake news. In his speech, Cohen offered sharp criticisms for

The FDA Issues Hemp-CBD Warning Letters and a Consumer Update

The Food and Drug Administration (“FDA”) had a busy Monday this week. On November 25, the agency issued warning letters to 15 businesses selling hemp-derived CBD (“Hemp-CBD”) products as unapproved drugs. The FDA also released updated consumer guidance on Hemp-CBD. Warning Letters The recent batch of warning letters appear to turn on the marketing of Hemp-CBD

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BREAKING: USDA Releases Hemp Rules

Today, the U.S. Department of Agriculture (“USDA”) released its interim hemp rules. This is a major step in the full implementation of the 2018 Farm Bill. These rules are not final but they will be effective as soon as they are published in the Federal Register. Stakeholders will have 60 days to submit comments on the interim

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