Our democracy is driven by both laws and fundamental freedoms. Americans expect governmental oversight that balances freedom of choice with protection of public health and safety. Sometimes these two imperatives that are emblematic of a free society do not align perfectly. In this op-ed published by Bloomberg Law, Perkins Coie Senior Counsel Andrew Kline
Cannabis Legal Report—Week of March 1, 2023
Cannabis: In Focus
- DEA Classifies Two Lab-Derived Cannabinoids as Schedule I
- Washington Federal Judge Dismisses Suit Challenging Residency Requirements
DEA Classifies Two Lab-Derived Cannabinoids as Schedule I
The U.S. Drug Enforcement Administration (DEA) determined that two lab-derived cannabinoids— delta-8 THC acetate ester (delta-8 THCO) and delta-9 acetate ester (delta-9 THCO)—do not meet the federal definition
Update: Oregon Finalizes New Regulations To Implement Psilocybin Services Act
Oregon became the first state to offer controlled use of psilocybin to the public on January 1, 2023. Psilocybin is a Schedule I psychoactive substance that is illegal at the federal level. Notwithstanding this federal illegality, psilocybin’s potential medical uses are being explored in medical research centers, and the substance is currently undergoing clinical trials
Cannabis Legal Report—Week of January 23, 2023
Cannabis: In Focus
- New York City Attempts to Crack Down on Illicit Cannabis Market
- Connecticut Launches Recreational Cannabis Sales, With More States Expected to Follow in 2023
- Psilocybin State Updates
- FDA Issues Three New Warning Letters to CBD Product Manufacturers Alleging COVID-19 Benefits
- Congressional Research Service: Cannabis Banking and the Federal Reserve
Continue Reading Cannabis Legal Report—Week of January 23, 2023
Will The New Year Finally Bring FDA Guidance on CBD?
As 2022 drew to a close, the Wall Street Journal reported that the FDA is finally considering releasing potential guidance regarding cannabidiol (“CBD”) in the coming year. While the exact timeline and scope of the FDA’s potential action is unclear, the Journal asserts that the agency will decide “within months” regarding the appropriate regulation of CBD and whether that regulation would require Congressional action or new agency rulemaking. Concurrently, the FDA continues to explore potential CBD safety risks.
The agency has generally pursued limited enforcement activity to-date regarding CBD, with a focus on products in foods and beverages that make unsubstantiated health claims, such as claims that CBD could treat or prevent cancer or Covid-19. Stopping short of taking aggressive action, the FDA has only issued warning letters on CBD, despite the widespread availability of largely-unregulated food and beverage products containing the hemp-derived cannabinoid.
Continue Reading Will The New Year Finally Bring FDA Guidance on CBD?
FDA Issues New Warning Letters to Companies Making CBD and Delta-8 THC Edibles
On November 16, 2022, the Food and Drug Administration (FDA) issued five new warning letters to various companies making edible products containing cannabidiol (CBD) and/or Delta-8-tetrahydrocannabinol (THC). The companies were directed by the FDA to respond within 15 days to defend how their products do not violate the Food, Drug, and Cosmetic Act (FDCA) and how they plan to bring their products into compliance with the FDCA. Failure to address the issue to the agency’s satisfaction could plausibly result in enforcement actions, including seizure and/or an injunction.
The FDA’s most recent set of warning letters builds upon warning letters sent earlier this year targeting CBD and Delta-8 THC products. Previously, FDA has largely focused on CBD products that made health claims. These new warning letters are not, however, limited to those prior concerns. The FDA now appears to be particularly concerned about CBD and Delta-8 THC products that appeal to children.
Continue Reading FDA Issues New Warning Letters to Companies Making CBD and Delta-8 THC Edibles
First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause
On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state residency as unconstitutional and protectionist. While cannabis remains federally illegal, Maine legalized medical cannabis in 2018 and imposed limitations on who could own state-legal cannabis businesses in the state.
House Passes Bill to Expand Cannabis and CBD Research
In late July, the U.S. House of Representatives passed H.R. 8454, the Medical Marijuana and Cannabidiol Research Expansion Act (Research Expansion Act). A similar version of the bill, S. 253, passed the Senate earlier this year. The bill is expected to head to President Biden after the bills are reconciled.
Among other things
California Proposes New Cannabis Lab Testing Regulations
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
Proposing a Harmonized Approach for Testing Consumer Cannabis Products
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