hemp cbd novel food european union

Cannabis and Novel Food Authorizations in the EU: Q&A

We recently got to ask Kai-Friedrich Niermann of KFN+ Law Office some questions about EU Novel Food authorizations. His answers are a must-read for cannabis food businesses interested in the EU market. 1. What is an EU Novel Food authorization? Novel foods are regulated in the European Union by the so-called Novel Food Regulation (Regulation

olcc conditional approval

Oregon Marijuana: Proposed Rule Threatens Licensee Ability to Raise Capital

This post continues our discussion of rule changes proposed by the Oregon Liquor and Cannabis Commission (OLCC). (Other posts here and here, and please stay tuned for an omnibus post by Vince Sliwoski). Today the topic is a proposed revision to the rules governing changes in business structure. In particular, a proposed conditional approval rule

biden

Biden’s Bad Example

President Biden’s recent announcement of a pardon for federal cannabis offenses has caught the attention of observers abroad. In fact, I was quoted in an article by Brazilian journalist Anita Krepp on the subject. Unfortunately, the example being set by Biden for other countries is, in part, a bad one. To be clear, we are

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Oregon Marijuana: Proposed “Change in Location” Rule Adds Risk for Sellers

The Oregon Liquor and Cannabis Commission (OLCC) regularly engages in new rulemaking and this year is no different. The OLCC has a proposed a slate of rule changes it deigns as responsive to implement 2022 legislation and technical updates. But this round of rulemaking has numerous substantial revisions to the rules that are not required

deschedule cannabis

Deschedule Cannabis, Don’t Reschedule It: Part 2

Last week, I wrote a piece entitled “Deschedule Cannabis, Don’t Reschedule It.” The post came on the heels of President Joe Biden’s announcement that the federal government is considering the federal scheduling of cannabis. As I noted, rescheduling cannabis to schedule II or below is a bad idea, because it would subject cannabis to DEA

customs

Court of International Trade OKs “Drug Paraphernalia” Import to Washington

The U.S. Court of International Trade (“CIT”) issued a recent opinion that indicates the import or export of “drug paraphernalia” to or from states where cannabis is legal represents an exception to the federal ban imposed by the Controlled Substances Act (“CSA”). Under 21 U.S.C. § 863(d), “drug paraphernalia” is broadly defined as: any equipment,

Economic Arguments for Cannabis Legalization

Federal Bulletin: Economic Arguments for Cannabis Legalization

On September 29, I spoke on an opening panel at the 7th annual Cannabis Law Conference for the Cannabis Law Section of the State Bar of Michigan. My co-panelist was the renowned Brookings political scientist John Hudak. One of John’s specialty areas is state and federal marijuana policy. The title of our panel was “Update

washington social equity in cannabis

Washington Cannabis: LCB Approves Social Equity Rule, Flaws and All

The Washington State Liquor and Cannabis Board (LCB) voted and approved the Social Equity in Cannabis rule proposal yesterday morning, October 11. The Board’s approval will add section “570” to Washington Annotated Code Chapter 314-55. There was hope that the public comment period would yield some meaningful alterations to section 570, but the rule remains

biden

I Have Some Thoughts on This Biden Cannabis Play

I have a bunch of thoughts actually, none of them so flattering. I’m going to break them down by category. The pardons themselves don’t do much President Biden pardoned 6,500 people previously convicted of “simple possession” of marijuana under federal law. The pardons don’t release anyone from prison, as no one was in federal prison

deschedule cannabis

Deschedule Cannabis, Don’t Reschedule It

On October 6, 2022, President Joe Biden announced a retroactive pardon for simple possession of marijuana. He also announced that the federal government will review marijuana’s federal scheduling. His announcement suggests that the federal government may reschedule cannabis or even deschedule cannabis. Rescheduling cannabis is a bad idea, as I explain below. If the government

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