There are lots of psychedelics and psychedelic adjacent substances that are not scheduled under the Controlled Substances Act (CSA). Recently I wrote about amanita muscaria mushrooms and their legal status. Today, I want to talk about a different one: salvia divinorum. Salvia divinorum Salvia divinorum is a psychedelic substance. It was often used for religious
Amanita muscaria (also known as fly agaric) is a type of mushroom with hallucinogenic properties. It is also not listed on any schedule of the Controlled Substances Act (CSA). So of course, people want to make and sell it. But what is it? And is it legal? Amanita muscaria (fly agaric) Amanita muscaria is a
Last week, the Oregon Health Authority (OHA) awarded a pair of psilocybin manufacturer licenses. First two! Congrats to Tori Arbrust of Satori Farms PDX, and Andres Met of Satya Therapeutics, known to many of us from the Oregon cannabis program. We should also congratulate OHA, which had aimed to issue manufacturing licenses by the end
As Minnesota approaches the legalization of marijuana, the Minnesota Supreme Court has just ruled on a case we covered in September 2021.  The case involves the difference between hemp and marijuana and a state prosecutor’s burden to prove what side of the line a leafy or liquid cannabis substance falls. As we explained two years
REGISTER HERE Hemp goods and services may now be eligible for trademark licensing and protection, though many CBD products remain unlawful at the federal level. Meanwhile, marijuana continues to be a Schedule I drug, but is legal in an increasing number of states. The legal status of cannabis impacts trademarks and may be problematic for
Last November, I wrote this post about a recent case filed by the Securities and Exchange Commission naming cannabis industry players for an alleged stock promotion scheme (or, as some call them, anti-touting violations). Last month, the primary individual defendant, Jonathan Mikula, filed a Motion to Dismiss the claims against him. The other individual defendant,
Until recently, all of the “big” social media companies banned U.S. companies from cannabis advertising on their platforms. At the same time, they imposed pretty unclear and inconsistent requirements on hemp advertising (in this post, when I refer to “cannabis” I mean only “marijuana” consistent with many states’ definitions of the term). All of this
Not much thought is given to ancillary CBD liability. Why is that? Probably because the Food and Drug Administration (“FDA”) hasn’t taken any serious enforcement action against any company or individual that aids and abets violations of the Food, Drug & Cosmetic Act (the “Act”) when it comes to CBD. Still, secondary CBD liability under
Hong Kong and the negative developments taking place there have been the subject of many posts in our sister China Law Blog. But now it is our turn to report on the Fragrant Harbor. Unfortunately, the news is also bad on the cannabis front, just like on the political and economic ones. From February 1
Since the passage of the 2018 Farm Bill, the hemp CBD industry has been eagerly awaiting FDA CBD regulations. In that time, FDA convened a working group to study how the agency would regulate CBD foods and dietary supplements. As of January 26, 2023, the FDA concluded that it will NOT regulate CBD foods or
