Cannabis: In Focus

  • Minnesota Legalizes Edibles Containing THC
  • Senators Ask Biden Administration to Pursue Cannabis Descheduling and Clemency
  • Cannabis Legalization Up to Midterm Election Voters in Several States
Continue Reading Cannabis Legal Report – Week of July 18, 2022

On July 8, California’s Department of Cannabis Control (“DCC”) issued draft regulations looking to standardize cannabis testing across the state. According to a statement, the DCC issued the proposed regulations in reaction to concerns about cannabis potency inflation and “laboratory shopping,” by cannabis businesses looking to secure THC levels that may be higher than what is actually contained in the cannabis flower or product. These new regulations would standardize the ways in which licensed cannabis labs in California can conduct their cannabinoid testing.

Continue Reading California Proposes New Cannabis Lab Testing Regulations

Cannabis: In Focus

  • Florida Lawsuit Challenges Federal Regulations Regarding Firearm Purchases for Medical Cannabis Patients
  • Texas Upholds Ban on Smokable Hemp
  • Maryland Court Rules Aroma of Cannabis is Sufficient Evidence to Lead to a Brief Investigatory Stop
Continue Reading Cannabis Legal Report – Week of July 6, 2022

Perkins Coie and the National Cannabis Laboratory Council (NCLC) are proud to announce the release of “Standardizing Cannabis Lab Testing Nationally,” a white paper authored by numerous lab scientists and operators from around the country and edited by Perkins Coie attorneys.

As the legal cannabis market continues to expand, and potential federal legalization and inevitable interstate commerce loom on the horizon, it is imperative that federal agencies address the discrepancies among state testing requirements and develop a standardized testing regime. The establishment of national standards will create a pathway for interstate commerce of cannabis products, resolve the issues associated with varying state-based testing requirements, and protect public health by ensuring that testing for certain pesticides, elemental impurities, and harmful additives will be consistent throughout the United States.

NCLC proposes a unified approach to testing based on data from participating laboratories and scientifically recognized standards. The group specifically suggests setting national standards governing (1) standard test panels setting forth specific compounds to include in an analysis, (2) sampling requirements and testing methodologies, and (3) lab accreditation and proficiency testing requirements. Read the white paper here.

Late last week, a bi-partisan pair of federal lawmakers introduced a new bill to expand cannabis companies’ access to financial resources and opportunities. Introduced by Reps. Troy Carter (D-La.) and Guy Reschenthaler (R-Pa.), the Capital Lending and Investment for Marijuana Businesses (“CLIMB”) Act, H.R. 8200, aims to permit cannabis businesses to engage with community development, small business, minority development, and other public or private financial capital sources for investment and financing. Further, the bill aims to create a safe harbor for security exchanges to list securities for legitimate cannabis businesses.

Continue Reading CLIMB Act Introduced in Congress

More than 20 state attorneys general (AGs) authored an open letter to congressional leaders calling for legislation that would regulate tetrahydrocannabinol (THC) edibles that mimic the packaging and names of popular product. In their June 22 letter, the state AGs voiced their concern, particularly for children, writing that “copycat THC edibles pose a grave risk to the health, safety, and welfare of our children.” Specifically, the state AGs asked Congress to “immediately enact legislation authorizing trademark holders of well-known and trusted consumer packaged goods to hold accountable those malicious actors who are using those marks to market illicit copycat THC edibles to children.”

Continue Reading State AGs Call for Congressional Action on Copycat THC Edibles

Cannabis: In Focus

  • New Mexico class action calls for insurance coverage for medical cannabis
  • Bicameral attempt to legislate bipartisan cannabis omnibus package
  • Oregon ban on “artificially derived cannabinoids” in cannabis products set to take effect July 1, 2022
Continue Reading Cannabis Legal Report—Week of June 19, 2022

As the cannabis industry and its associated sectors have gained increasing social and legal acceptance, these businesses have started to face an issue that has been plaguing traditional Consumer Packaged Goods companies in the state of California for decades—Proposition 65 claims.

Proposition 65 is a California initiative approved by voters in 1986 and enacted into law as the Safe Drinking Water and Toxic Enforcement Act. The law requires California to publish a list of substances that are known to the state of California to cause cancer or reproductive harm. The law prohibits “knowingly and intentionally” causing exposure to one of the substances on the list without first providing a “clear and reasonable” warning. To comply with Proposition 65, businesses must provide consumers with a Proposition 65 compliant warning unless they can ensure that their product does not expose consumers to a listed substance at levels that may cause cancer or reproductive harm.

Continue Reading Prop 65 Plaintiffs Set Their Sights on Cannabis Industry

Cannabis: In Focus

  • Candy Companies Defend Their Trademarks, Consider THC Copycat Products a Health Hazard
  • Iowa Supreme Court Upholds Possession Conviction, Even With Out-of-State Registry Card
Continue Reading Cannabis Legal Report—Week of June 5, 2022

As Congress continues to debate the SAFE Banking Act, cannabis business and financial institutions should pay close attention to the bill’s potential to transform the accessibility of banking and payment processing solutions within the cannabis industry. In May, a national group of state banking regulators issued open letters to Congress urging passage of the bill. This action by state banking regulators builds upon prior support from groups like the American Bankers Association as well as dozens of state governors and attorneys general. Here, we check in on the status of the SAFE Banking Act and look ahead for its implications if passed.

Continue Reading Where Is the SAFE Banking Act?