On July 5, 2023, the FDA and FTC jointly announced six cease and desist letters to alleged delta-8 product makers. You can access the letters here. Unlike prior rounds of warning letters, these letters have a new focus: harm to children. For nearly five years, the FDA and FTC have taken the position that CBD
In case you missed it, professional players on teams in the National Basketball Association are getting a free and clear opportunity to take advantage of the cannabis industry through cannabis investments. As a former D-1 college athlete, I'm glad to see the NBA not only remove cannabis from its list of banned substances but also
Federal law prohibits cannabis users from owning or possessing firearms. There are a host of federal court cases that may find these prohibitions an unconstitutional violation of cannabis users' gun rights. But even if courts find these laws unconstitutional, many cannabis users could still face other federal government hurdles and restrictions. If you are not
Ever since Congress passed the Agricultural Improvements Act of 2018 (or 2018 Farm Bill), people have tried to find creative ways to sell intoxicating hemp-derived products. One example of this is THCA products, such as THCA flower, which contain very high levels of THCA. But is THCA legal? Today, I want to examine legality of
Cannabis users cannot own or possess firearms under federal law. This is true even in states where cannabis is legal, and even for medical patients. These gun rights are very likely going to be held unconstitutional. But the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is clinging to them nevertheless. I've written pretty extensively
The U.S. Department of Transportation (DOT) has finalized a rule to amend its drug testing policy in a way that could have significant implications for truckers, commercial drivers, pilots and other federally regulated transit workers who use marijuana off the job. In a notice last Tuesday, the department said that it has completed the rulemaking
FTC Warning letters Marketing CBD products is a challenge. For years we've written about risks associated with making health-related claims in marketing. But there's another avenue that the federal government doesn't like: unsubstantiated claims. Last week, the Federal Trade Commission (FTC) decided to ratchet up enforcement and sent out warning letters to nearly 700 companies
Yet another federal court in yet another federal appellate circuit just held that federal cannabis gun rights restrictions are unlawful. Let's look at why that is, and why this is going to keep happening in federal courts across the country. The cannabis gun rights cases The federal Gun Control Act of 1968 strips all gun
In the past few weeks, I've published a few posts (here and here) about recent federal cannabis gun rights cases. In those cases, the courts disagreed on whether the federal government can prohibit cannabis users from owning guns. On the other end of the spectrum, there are state-level efforts to protect gun rights for cannabis
Federal law prohibits marijuana users from owning or possessing firearms-- even in states with legal marijuana. Over the last few months, different federal courts issued critical orders in cannabis gun rights cases which could challenge this status quo. Both cases centered on the 2022 U.S. Supreme Court case New York State Rifle & Pistol Association,
