Food, Drug & Agriculture

Throughout 2020, Pennsylvania courts issued a series of decisions clarifying employee rights for medical cannabis patients—one related to unemployment compensation and others related to private rights of action under its medical cannabis statute, the Medical Marijuana Act (“MMA”). Under the MMA,……
On December 18, 2020, just three days after the U.S. Senate adopted the Cannabidiol and Marihuana Research Expansion Act (CMREA or the Act), the U.S. Drug Enforcement Administration (DEA or the Administration) published in the Federal Register a final rule, “Controls To Enhance the Cultivation of……
The IRS has updated its website providing general guidance for taxpayers in the cannabis industry.The guidance does not announce any changes in law or enforcement but rather serves as a reminder of important limitations and obligations of cannabis companies:…
On August 21, 2020, nearly two years after the passage of the Agriculture Improvement Act of 2018 (2018 Farm Bill), the Drug Enforcement Administration (DEA or the Agency) published an interim final rule that, according to the Agency, “merely conforms DEA’s regulations to the statutory amendments……
On April 23, 2020, the U.S. District Court for the District of Maryland granted the U.S. Food and Drug Administration’s (FDA or the Agency) request for an extension of the submission deadline for certain deemed tobacco product premarket review applications. FDA requested the extension on March 30,……
Website accessibility lawsuits have been on the rise over recent years, hitting businesses in various industries. The most recent one to be hit is the CBD industry. This blog discusses the typical allegations that support a claim under the Americans with Disabilities Act for website accessibility and the unsettled law underpinning these claims.  Additionally, this blog discusses why these cases are being filed in the Eastern and Southern Districts of New York. Click here to view the full article.…
New Year Brings Substantial Changes for Tobacco, Cannabis, and Food and Beverage Industries We saw plenty of significant federal and state policy, regulatory, and enforcement developments for the tobacco, cannabis, and food and beverage industries this holiday season.  Notably, (1) President Trump signed H.R. 1865 into law, which bans the sale of tobacco products to anyone under the age of 21; (2) the Trump Administration finalized its partial ban on flavored e-cigarette products, while the U.S. Food and Drug Administration issued its enforcement policy on unauthorized flavored e-cigarettes that appeal to children; (3) the U.S. Department of Agriculture approved the…
FDA Issues Round of CBD Warning Letters and Revised Consumer Update, Restates Potential Risks and Unknowns On November 25, 2019, the U.S. Food and Drug Administration (FDA or the Agency) announced that it had issued Warning Letters to 15 companies for illegally selling products containing cannabidiol (CBD). Simultaneous with its latest round of CBD-related enforcement, the Agency also published a revised Consumer Update, in which it detailed specific safety concerns and questions about CBD products. Although FDA raised these concerns and questions before (e.g., at its May 31, 2019 CBD hearing and in a previous version of the Consumer…
USDA Issues Long-Awaited Hemp Production Rule, Some Questions Answered, Many Remain On October 29, 2019, the U.S. Department of Agriculture (USDA) issued a pre-publication version of its long awaited hemp production interim final rule. Public comments are due 60 days after USDA publishes the rule in the Federal Register. While we are still digesting the 161-page rule, below are our initial observations regarding the rule. USDA State and Tribal Plan Review, Producer Compliance Per the rule, a State or Indian Tribe that wants to have primary regulatory authority over the production of hemp in that State or territory of…
Overview This week, Pennsylvania Senators Daylin Leach (D-Montgomery/Delaware) and Sharif Street (D-Philadelphia) introduced a bill, the “Adult-Use Cannabis Act” (Senate Bill 350), that would legalize adult-use (i.e., recreational) cannabis in the Commonwealth. If passed, the bill would legalize adult-use cannabis for individuals 21 years of age and older, and establish a permitting process for growers, processors, and dispensaries; the current measure would not place a limit on the number of permits that could be issued. The bill would also allow for cannabis delivery, consumption (i.e., “bring your own” or BYO) lounges, and home grow. Under the proposed legislation, the Pennsylvania…
House Passes First-Ever Standalone Cannabis Reform Bill, SAFE Act Would Provide Cannabis Businesses With Much Needed Banking Access On September 25, 2019, the U.S. House of Representatives overwhelmingly passed the Secure And Fair Enforcement (SAFE) Banking Act (SAFE Act) by vote of 321 to 103. If it passes the U.S. Senate and is signed into law, it would prohibit federal banking regulators from penalizing a depository institution simply because the bank provides services to legitimate marijuana-related businesses (e.g., a cannabis grower, processor, and/or dispensary that is duly licensed by a state with an established medical and/or adult-use cannabis program). The bill would…

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