Cannabis companies are often unclear about what edible products are legal to manufacture and distribute. While some cannabis edibles may be legal on a state level, federal regulations prohibit placing some cannabinoids in food altogether. This legal landscape is often confusing for cannabis edibles manufactures, who see their products as a natural expansion of cannabis
Mississippi’s Initiative 65 Easily one of the biggest legislative surprises of the 2020 was the passing of Mississippi’s Initiative 65, a medical cannabis bill with an extensive qualifying conditions list. In arguably the reddest and most socially conservative state in America — where only one Democrat has served as Governor since 1992, and where Republicans
The level of straight-up false information in cannabis advertising online is staggering. It’s almost too hard to describe. As a cannabis attorney, I’m often stunned that companies push cannabis advertisements the way they do. Over the years, I’ve spoken to dozens (maybe hundreds) of cannabis business owners who thought X was completely legal because of
On July 5, 2023, the FDA and FTC jointly announced six cease and desist letters to alleged delta-8 product makers. You can access the letters here. Unlike prior rounds of warning letters, these letters have a new focus: harm to children. For nearly five years, the FDA and FTC have taken the position that CBD
In an era of Theranos, Fyre Fest, FTX and WeWork, cannabis scams, frauds, and scandals probably pale in comparison. However, cannabis scams (and their evolution) are still worth noting, spotting, and avoiding at all costs. I’ve written about cannabis scams in the past (see here), and it’s one of my favorite topics given the still-emerging
European Union member states tend to be very conservative when it comes to cannabis legalization. With a few exceptions, most member states prohibit cannabis altogether. Other countries decriminalize cannabis and a handful have adopted modest medical marijuana programs. Germany, the EU’s biggest economy and arguably most influential nation, has been on the path towards recreational
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
A few years ago I wrote a somewhat tongue-in-cheek blog post titled, “Cannabots – Are the Robots Coming For Your Weed,” which discussed the application of robotics to the cultivation of marijuana. In that post I cited several articles discussing the use of robots as farmers, restaurant workers, fashion models, and even lawyers. Just a
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
It’s no secret that state cannabis markets across the nation are suffering badly. Because of I.R.C. 280E, lack of access to financial institutions, massive operational expenses, plunging prices, and just gluts of production, it’s not pretty out there. However, there’s a newish light at the end of the tunnel, at least for California and other
