Medical marijuana is playing an increasingly significant role in the quality of life for Americans, especially veterans. Perkins Coie partner Barak Cohen is joined by Nick Etten, Founder and Chairman of the Veterans Cannabis Project and Head of Government Affairs at Acreage Holdings. As veterans themselves, Barak and Nick discuss how veterans are utilizing cannabis as a way to cope with certain war-related injuries, such as post-traumatic stress and depression. Nick also shares his thoughts about current treatment options through the U.S. Department of Veterans Affairs (VA) and how the VA needs to evolve to effectively meet veterans’ healthcare needs
In many real estate transactions, title insurance companies fulfill a variety of roles, from providing title reports and issuing title policies to acting as the escrow agent for the closing, any holdbacks, and construction draws. However, when it comes to transactions involving cannabis companies and/or properties that will be used for cannabis-related purposes, title companies are significantly limited in the services they offer. Continue Reading Cannabis, Real Estate & Title Companies
Today, the U.S. Federal Trade Commission (FTC) announced a settlement in its most recent law enforcement action in its ongoing efforts to monitor the marketplace regarding misleading cannabidiol (CBD) product claims. The action targets Kushly Industries LLC (Kushly) and the company’s sole officer for allegedly making false or unsupported health benefit claims about Kushly’s CBD product. Continue Reading FTC Continues Crackdown on Unsupported CBD Marketing
Perkins Coie senior counsel Andrew Kline is joined by Andrew Freedman, Colorado’s first cannabis czar under Governor Hickenlooper and current Executive Director of the Coalition for Cannabis Policy, Education, and Regulation (CPEAR). Andrew’s role in developing a successful operating model for cannabis regulation and stakeholder collaboration was identified as one of the reasons for the State of Colorado’s success in implementing adult-use cannabis legalization by the Brookings Institution. Throughout the podcast, Andrew provides his perspective on how various players in the cannabis industry would be impacted by federal legalization and why the industry needs to come together to move legalization forward.
Listen to The Big Questions Facing Federal Cannabis Legalization: A Conversation with Andrew Freedman Executive Director of the Coalition for Cannabis Policy, Education, and Regulation (CPEAR) on Spreaker
Most Americans are familiar with the term “THC” at this point. What they might not yet appreciate is that common nomenclature is actually referring to Delta-9-tetrahydrocannabinol or “Delta-9” THC. That’s the scientific terminology for the molecule in marijuana that’s well-known for its psychoactive properties—i.e., what causes a “high.” Delta-9 is a cannabinoid and there are hundreds of different cannabinoids within any given cannabis plant. Continue Reading Delta-8: A New Low in Highs
On March 3, 2021, Perkins Coie partner Barak Cohen moderated a panel to discuss the future of the cannabis industry. Panelists included Michelle Rutter Friberg, Deputy Director of Government Relations at the National Cannabis Industry Association, Steve Hawkins, Executive Director of the Marijuana Policy Project, Yoko Miyashita, Chief Executive Officer of Leafly, and Andrew Kline, Senior Counsel of Perkins Coie and former public policy director for the National Cannabis Industry Association. Our latest podcast provides a recap of the discussion related to state legalization and the private sector perspective.
Cannabis companies are facing a slew of class action lawsuits under the Telephone Consumer Protection Act (TCPA), which prohibits unwanted automated calls and text messages. In Facebook, Inc. v. Duguid et al., the U.S. Supreme Court provided some clarity that stakeholders have been awaiting since 2015 by adopting a narrower interpretation of the term “autodialer” for purposes of the TCPA. The Court reversed an expansive interpretation of “autodialer” adopted by the U.S. Court of Appeals for the Ninth Circuit that had fueled a firestorm of litigation against Cannabis businesses and other businesses and nonprofits, and that the Court noted would have prohibited even many commonplace uses of cell phones by consumers.
The Court found that for a dialing system to constitute an autodialer, it must have the capacity to either store or produce a telephone number using a random or sequential number generator. This narrower interpretation comes as a relief to a broad range of businesses, including cannabis businesses, that believed the Ninth Circuit’s broad interpretation unfairly ensnared legitimate communications practices that did not harm consumers.
On March 3, 2021, Perkins Coie partner Barak Cohen moderated a panel to discuss the future of the cannabis industry. Panelists included Michelle Rutter Friberg, Deputy Director of Government Relations at the National Cannabis Industry Association, Steve Hawkins, Executive Director of the Marijuana Policy Project, Yoko Miyashita, Chief Executive Officer of Leafly, and Andrew Kline, Senior Counsel of Perkins Coie and former public policy director for the National Cannabis Industry Association. Our latest podcast provides a recap of the discussion related to the federal perspective.
On March 22, 2021, the U.S. Food and Drug Administration (FDA) released two warning letters to U.S. companies selling products containing cannabidiol (CBD). These warning letters highlight the FDA’s continuing vigilance on marketing of products containing CBD. Without having undergone rigorous testing and FDA review and approval, it remains a violation of the Federal Food Drug and Cosmetics Act (FD&C Act) to sell products containing CBD that make specific health claims related to the treatment or prevention of disease or other conditions or the function or structure of the body. This includes claims on a product’s label and applies to any marketing material in any form.
In these letters, the FDA highlights that “a nonprescription drug product containing CBD cannot be legally marketed without an approved new drug application, regardless of whether the CBD is represented on the labeling as an active ingredient or an inactive ingredient.” In other words, a drug manufacturer cannot add CBD to a non-prescription over-the-counter (OTC) pain cream, even if CBD is listed as in “inactive ingredient.” Continue Reading CBD Regulation: Recent FDA Enforcement Casts a Wider Net Over CBD Products
On March 23, Senators Jeff Merkley (D-Or.) and Steve Daines (R-Mt.) re-introduced the SAFE Banking Act. As noted previously here, the SAFE Banking Act would increase access to banking services for cannabis-related businesses. The bill would provide safe harbor and other protections under federal law to financial institutions and insurers that provide services to cannabis-related legitimate businesses. While the bill passed the House last September, it ultimately failed in the Senate. Continue Reading SAFE Banking Act Reintroduced in Senate