MLK Day

It's MLK Day. Don't Forget Cannabis is a Civil Rights Issue.

Happy MLK Day! For our international readers, Martin Luther King, Jr. Day is a federal U.S. holiday marking the birthday of its eponymous civil rights hero. Dr. King was the chief spokesperson for nonviolent activism in the Civil Rights Movement, which successfully protested racial discrimination in federal and state law. Dr. King was assassinated in

Vapes FDA

Will the FDA’s Ban on E-Cigarettes Affect CBD Vaping Devices?

On January 2, the Food and Drug Administration (“FDA”) issued non-binding guidance ("Guidance") in which the agency explains how it intends to prioritize enforcement actions to tackle the growing increase in youth use of electronic nicotine delivery systems (“ENDS”)--more commonly and broadly referred to as “e-cigarettes”--as well as to address vaping-associated lung injuries. According to a

canna law blog

Is CBN Legal? What is CBN?

This is the second of a two-part installment on trending cannabinoids. For the previous post on cannabigerol (CBG), go here. This post concerns CBN (cannabinol). Like CBD and THC, CBN is among the 100+ molecules in the cannabis plant. CBN comes from oxidation and decomposition of THC, meaning that when THC is heated and exposed

CBD Label

Should Your Labels Include the Term “CBD”?

A year ago, we discussed a shift in nomenclature for hemp-derived cannabidiol (“Hemp-CBD”) products. Many CBD companies have swapped the word “CBD” for the terms “hemp extract” and “full spectrum hemp” in hope of mitigating the risk of FDA and local enforcement actions. As we previously explained, the main impetus behind this movement seems to

is CBG legal

Is CBG legal? What is CBG?

Looking back, 2019 was the year of cannabidiol (CBD) in the cannabis industry. CBD continued to make its way into countless consumer products, from sodas to sports bras. The CBD craze was a long time coming: we began covering that cannabinoid back in 2015, when industry began promoting CBD products in earnest and the FDA

Hemp CBD Rules

Hemp and CBD: Submit Your Comments on USDA Interim Hemp Rules By December 30

The hemp industry is up in arms over the USDA’s interim rules establishing a domestic hemp program.  As of this writing, you can find some 900 comments published on regulations.gov. The din of complaints about the deleterious effect of several rules caused Senator Chuck Shumer to send a letter on December 3 to U.S. Agriculture

canna law blog

The Risks of Infusing Hemp-CBD Topical Products with Essential Oils and Menthol

As we have previously discussed, the sale and marketing of hemp-infused cannabidiol (“Hemp-CBD”) cosmetics, such as salves, lotions and creams (collectively “Topicals”), present the lowest risk for businesses wishing to enter this booming industry. We have quite a few clients pursuing this path, from small-batch manufacturers to national retail outlets. Generally, a Topical may be

Federal Antitrust Scrutiny and (Certain) Cannabis Deals

If you follow state-by-state legal cannabis legalization, you're aware that despite the federal illegality of cannabis, certain federal agencies police the cannabis industry like they do any other legal industry. For example, the NLRB has been known to go after cannabis companies engaged in hostile workplace conduct and the Department of Treasury contemplates banking services to

canna law blog

CBD Topicals are Not Immune from FDA Scrutiny, as Recent Warning Letters Show

We’ve written extensively on this blog about industrial hemp-derived CBD products, including CBD comestibles, CBD pet products, CBD in alcohol, and CBD topicals. Of all these categories of goods, the CBD industry seems to have reached a consensus that CBD topical products present the lowest level of risk for businesses, hence companies like CVS, Walgreens,

canna law blog

Why the USDA Testing Rules Will Hurt the Hemp Industry

On Tuesday, the U.S. Department of Agriculture (“USDA”) released its interim final rule for the production of hemp under the 2018 Farm Bill. Although these rules are not final, they will go into effect once published in the Federal Register, at which point a 60-day public comment period will begin. Upon the publication of the

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