On July 12, 2023, the U.S. Food and Drug Administration released a public inventory of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally Recognized as Safe when used as intended. Concurrently, FDA also released lists of select chemicals in the food supply—including food ingredients, food contact substances, and contaminants under agency review.

Oregon is the first state in the country to offer controlled use of psilocybin to the public. As we detailed in a prior update, the state had finalized regulations. Now, the state has licensed its first psilocybin service centers.

Can states restrict ownership of licensed businesses to state residents only? The answer to this question would generally be a straightforward no — states cannot attempt to provide undue, preferential treatment to their own citizens over those from other states.

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.

Cannabis companies can find themselves in financial distress but are generally locked out of the federal bankruptcy courts.

Perkins Coie is pleased to announce the launch of our seventh annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2022 report are infographics that highlight key litigation outcomes, filing data, and industry trends.

In late December 2022, the White House Office of National Drug Control Policy, or ONDCP, released its annual drug enforcement report to Congress, focusing in part on high-intensity drug trafficking areas.

Chapter 11 bankruptcy has historically been inaccessible to cannabis and cannabis adjacent businesses. But a Los Angeles bankruptcy court recently denied a motion to dismiss the case of a debtor in the business of wholesale manufacturing and packaging of cannabis products. The decision gives hope that bankruptcy could be a viable path for companies that seek to eliminate risk of future violations of the Controlled Substances Act.

Significant challenges have arisen as a result of State permissibility for individual and businesses engagement with psilocybin, a Schedule I substance under the Controlled Substances Act. This essay is a call for a federal safe harbor due to resolve these dangerously conflicting narratives.

The year ahead has much in store for the cannabis industry. Below, we outline some areas to watch at both the state and federal levels.

Oregon became the first state to offer controlled use of psilocybin to the public on January 1, 2023. This Update provides an overview of the new Oregon Health Authority regulations to implement the state’s first-in-the-nation psilocybin program.

Recent news has shined a spotlight on the legal consequences of mass layoff situations. Employers should take steps now to prepare for possible reductions in their workforce.

California Governor Gavin Newsom signed Assembly Bill 2188 into law on September 18, 2022. AB 2188 will amend the state’s employment anti-discrimination law—the Fair Employment and Housing Act—and make it an unlawful practice for an employer to discriminate against an adult applicant or employee based upon the “person’s use of cannabis off the job and away from the workplace.”

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.

A federal appellate court ruled on Wednesday that Maine’s law prohibiting nonresidents from owning medical marijuana businesses in the state violates the U.S. Constitution. But legal experts say that the decision could have more far-reaching implications for interstate cannabis commerce—and could create possible complications for social equity programs.

On July 21, the Cannabis Administration and Opportunity Act was introduced by sponsoring Sen. Cory Booker, D-N.J., and co-sponsors Senate Majority Leader Chuck Schumer, D-N.Y., and Sens. Ron Wyden, D-Ore., Patty Murray, D-Wash., and Gary Peters, D-Mich.

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 products.

On May 4, the U.S. Food and Drug Administration issued new warning letters to five companies selling products containing Delta-8 THC, an intoxicating cannabinoid derived from hemp according to the Law360 article. In announcing the warning letters, the agency advised that "Delta-8 THC has psychoactive and intoxicating effects and may be dangerous to consumers."

On Friday, the U.S. House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement, or MORE, Act, by a vote of 220-204. The act last passed the full House in December 2020.

This practice note provides practical insight regarding the Dormant Commerce Clause as it applies to the cannabis industry.

Regardless of the industry, education and training your workforce is important. In the cannabis industry, it is critical and can significantly impact how consumers purchase cannabis moving forward.

The 411 on 420 brings together experts from the cannabis field and our industry attorneys to discuss the business of cannabis and how the legal landscape affects the market. From CEOs to advocates, and CBD to THC, this podcast sheds light on this growing cannabis industry.

On February 2, 2022, Republican Governor Tate Reeves signed the Mississippi Medical Cannabis Act, which legalizes medical marijuana for the treatment of certain debilitating conditions.

Perkins Coie is pleased to announce the launch of our sixth annual Food Litigation Year in Review. In recognition of the firm’s practice expansion, this year-in-review report has been broadened to the Food & Consumer Packaged Goods Litigation Year in Review.

The discussion about federal regulation for the cannabis industry is complex. The Council for Federal Cannabis Regulation wants to ensure that federal regulations are informed by and grounded in science, best business practices, sound public policy, and social justice principles.

Flaws in proposed federal marijuana legislation threaten the legal cannabis market, especially failure to pause the Dormant Commerce Clause, say Shaleen Title, the distinguished cannabis policy practitioner in residence at the Ohio State University Drug Enforcement and Policy Center, and Andrew Kline, who co-leads the cannabis practice at Perkins Coie.

Vaguely recalled by practicing attorneys, the Dormant Commerce Clause (DCC) is often the bane of first-year students’ Constitutional Law courses.

‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims.

Given that technology shapes, enhances, and intersects with nearly every aspect of our lives, it is unsurprising that e-commerce is emerging as a key component of the cannabis industry.

State Attorneys General (AGs) play a central role in enforcing cannabis laws and protecting consumers. As legalization continues to sweep the country, the interplay between state and federal law demands particular attention.

Perkins Coie partner Barak Cohen discusses hemp’s complicated past and promising future with Eric Steenstra, founding member of the Hemp Industries Association, Vice President of the California Hemp Council and President of Vote Hemp, the political advocacy organization that he co-founded in 2000.

Perkins Coie partner Megan Morrissey was joined by Nancy Whiteman, Gail Rand, and Allison Pugina to discuss product development and branding strategies within the cannabis industry. 

Millions of Americans are utilizing medical cannabis and psilocybin to treat specific medical conditions each day. However, scientific and medical research in the U.S. lags behind other nations.

While most people are discussing federal legalization of cannabis these days, the industry operates at a local level and the role of state-level cannabis associations is crucial.

In 2019 and 2020 alone, there were over 100 class action cases filed against cannabis companies, with many focused on issues regarding cannabis labeling, marketing, and disclosures. This article outlines recent cannabis class action trends from across the country.

The third version of the Marijuana Opportunity Reinvestment and Expungement, or MORE, Act was introduced on May 28.

As cannabis is legalized on a state-by-state basis, individual states are creating their own cannabis testing requirements to ensure consumer safety, and many of these requirements differ from one state to the next.

It is well known that the varying state regulations for cannabis give this industry a complex legal landscape.

Cannabis business faces a dizzying array of federal and state laws presenting significant challenges for companies attempting to comply with this increasingly complex patchwork of rules.

Medical marijuana is playing an increasingly significant role in the quality of life for Americans, especially veterans.

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).

On March 3, 2021, Perkins Coie partner Barak Cohen moderated a panel to discuss the future of the cannabis industry. This recap focuses on discussion related to state legalization and the private sector perspective.

On March 3, 2021, Perkins Coie partner Barak Cohen moderated a panel to discuss the future of the cannabis industry. This recap focuses on discussion related to the federal perspective.

On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect the warning requirements for products that cause exposure to cannabis smoke and/or delta-9-tetrahydrocannabinol (THC).

Barak Cohen and Bryan Passman, founder of two talent acquisition firms that focus on the cannabis industry, discuss the critical need for strong leadership in the industry, particularly during the ongoing pandemic.

Until now, there has been no single reference to guide cannabis lawyers through the full continuum of legal challenges in the industry. This treatise fills that gap from a sophisticated perspective by highlighting key issues in more than a dozen practice areas and covering the impact of cannabis law from U.S. state and federal, as well as Canadian, enforcement and regulatory agencies.

Perkins Coie associate Michael Bleicher is joined by Dr. Tim Shu, founder and CEO of VetCBD, a startup marketing CBD-infused supplements for pets.

Though it appeared the smoke might blow in a more favorable direction, the hopes of marijuana-adjacent businesses using the Bankruptcy Code were snuffed out once again by the Bankruptcy Court in Colorado.

On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings.

In our latest podcast, Perkins Coie partner Barak Cohen is joined by Andrew Kline, Director of Public Policy for the National Cannabis Industry Association, the youngest—and largest—cannabis trade association in the U.S. and the only organization representing state-sanctioned cannabis-related businesses at the federal level.

Proposition 65 warning requirements announced last year are set to be enforced starting January 3, 2021; if your business is selling cannabis products in California, now is the time to ensure that your labeling complies with state requirements. 

As the dust clears from the 2020 general election, four more states have legalized recreational marijuana, bringing the total up to 15 states and the District of Columbia.

Perkins Coie Partner Barak Cohen is joined by Natalie Papillion, a drug policy expert and organizer who serves as the executive director of The Equity Organization and sits on the Board of Directors for the Last Prisoner Project.

The cannabis industry’s rapid growth presents companies with the need to protect their brands from trademark infringement, and to avoid infringing on the trademarks of others.

Perkins Coie Partner Barak Cohen is joined by Yoko Miyashita, CEO of Leafly. Yoko and Barak discuss her transition from General Counsel of a leading cannabis company to CEO. They dive into the unique features of the cannabis industry compared to other industries, the unique business challenges of the cannabis industry as well as predictions for the industry’s future.

The cannabidiol (CBD) industry has seen a new wave of consumer class actions. The industry is poised to see further cases, especially as the market for CBD-containing products grows.

Marijuana businesses, especially those in the medical marijuana industry, often have access to sensitive consumer information.

The U.S. Food and Drug Administration (FDA) submitted a report to Congress on July 8, 2020, providing an analysis of the cannabidiol (CBD) marketplace.

CBD companies facing class action lawsuits regarding product labeling during this time of regulatory uncertainty have a reasonable chance of succeeding in a motion to stay on primary jurisdiction grounds, say Perkins Coie attorneys. But, they must be sure to tie anticipated agency rulemaking to the claims at issue before the court.

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.

The federal government does not generally enforce the Controlled Substances Act (CSA) in states that have legalized cannabis, unless offenses occur on federal property or involve other federal criminal laws. 

The marijuana industry has not escaped the economic impacts of the coronavirus pandemic, and contract issues are a particular concern. 

The federal Food and Drug Administration (FDA) just released a report to Congress regarding the agency’s progress toward comprehensive regulation of hemp-derived cannabidiol (CBD).

California’s Office of Environmental Health Hazard Assessment (OEHHA) added Δ9‑tetrahydrocannabinol, better known as “THC,” to the list of chemicals requiring specific labeling for retail sale in California. 

The absence of clear federal guidance regarding food and beverages that contain cannabidiol (CBD) has led to a patchwork of state-level regulatory actions across the country. Without uniform guidelines, states have adopted varying and often conflicting approaches.

Lawmakers are back at work in the nation’s capital for a new session of Congress following the holiday break, and it’s clear that the political winds in Washington, D.C., are shifting in favor of the cannabis industry.

A flurry of recent class action lawsuits against manufacturers of CBD products involving a range of claims—from marketing to stock pricing to CBD content—should put the industry on alert. Perkins Coie attorneys look at the recent spate of class actions, what the FDA is doing, and offer mitigating steps for CBD suppliers and manufacturers.

On the heels of the U.S. Food and Drug Administration’s (FDA) recent declarations regarding the safety of products containing cannabidiol (CBD), several companies have been hit with class action lawsuits alleging that the company’s CBD-containing products are mislabeled and falsely advertised in violation of state law.

On November 25, 2019, the U.S. Food and Drug Administration (FDA) took several significant actions regarding sellers of products containing cannabidiol (CBD).

Since late February 2019, the U.S. Department of Agriculture (USDA) has been promising to publish guidelines regarding hemp production.

The U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) sent a joint warning letter on Tuesday, October 22, 2019, to Rooted Apothecary, LLC, alleging that the Florida-based company has been making egregious advertising claims.

On Aug. 20, the National Credit Union Administration (NCUA) announced that federally insured credit unions may offer financial services to legal hemp businesses, a promising step toward legal banking for the broader cannabis industry.

Following the recent public hearing held by the Food and Drug Administration (FDA) regarding the safety and efficacy of cannabidiol (CBD), many in the food and beverage industry asked how long it will take for the agency to establish a regulatory pathway for approval of CBD as a food additive.

The Food and Drug Administration held its first public hearing on May 31, 2019 concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food, beverages and supplements).

On May 31, 2019, the Food and Drug Administration (FDA) held its first public hearing concerning products containing cannabis or cannabis-derived compounds (in particular, cannabidiol (CBD), a popular additive to food, beverages and supplements).

On March 28, 2019, the Federal Trade Commission (FTC) joined the Food and Drug Administration (FDA) in sending warning letters to three companies that market products that contain cannabidiol (CBD), which the companies claim can treat a variety of serious physical and mental disorders.

The legal Canadian cannabis industry is booming, and U.S. companies can benefit from the prospering cross-border industry by partnering with Canadian companies.

President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law on December 20, 2018.

In recent guidance, we wrote about what companies should do to minimize the risk of federal criminal penalties when doing business with or investing in cannabis industry companies.

In recent guidance, we wrote about what companies should do to minimize the risk of federal criminal penalties when doing business with or investing in cannabis industry companies. 

What is the current state of federal enforcement as to cannabis? Are there ways that companies not directly involved in the cannabis industry may still do business with companies in the industry, while minimizing potential exposure to federal criminal penalties under the CSA?

A version of this article was originally published by Bloomberg BNA White Collar Crime Report on April 18, 2018.

There will be little debate that this has been a bad day for the state-sanctioned (and regulated) marijuana industry. Stated simply, the Obama-era directives that significantly fettered the discretion of the nation’s 93 presidentially appointed U.S. attorneys to bring federal narcotics charges against marijuana growers, distributors and possessors in those states that “legalized” marijuana for medicinal or recreational purposes (there are some eight states falling into the latter category) are now a thing of the past.

This article was quoted in a Law360 article, "In Case You Missed It: Hottest Firms And Stories On Law360," on 01.05.2018.

Employers in states that have legalized marijuana may want to consider changing their drug policy from a zero-tolerance standard to a no-impairment standard, and eliminating random drug testing as a result of state laws legalizing medical marijuana.

The California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana.

On November 6, 2012, Washington state voters passed Initiative 502 (I-502), making it legal under state law for people in Washington to consume marijuana for recreational use. The intent of I-502 is to make the production and sale of marijuana a “tightly regulated, state-licensed system similar to that for controlling hard alcohol.”

Barak Cohen and Allison Handy were hosted by Cowen’s Cannabis Research Team, Vivien Azer and Jaret Seiberg, to discuss the implications of Canopy’s recent U.S. Holding Company announcement.

Partner Barak Cohen will speak on the following topics during a lunch and learn session at the Cannabis Industry Journal's Cannabis Quality Conference and Expo.

Senior Counsel Andrew Kline moderated a panel during the Food and Drug Law Institute’s Legal and Practical Issues in Cannabis Regulation virtual event.

On Thursday, January 20, 2022, Perkins Coie hosted a panel discussion addressing the scientific standards in cannabis.

A presentation on the not-so-obvious trials and tribulations navigating the California regulatory system.

How straightforward is the U.S. regulatory landscape for cannabis, hemp, and CBD producers and what should both legislative bodies and industry stakeholders be doing to make things simpler.

On December 2, 2021, Andrew Kline participated in a panel during the Food and Drug Law Institute’s (FDLI) Legal and Practical Issues in the Evolving World of Cannabis Regulation virtual conference. The panel discussed the present and future federal and state landscape, as well as how legalization would affect the existing cannabis industry.

Cannabis legalization is happening all across the country. As more people are taking advantage of the widespread availability of cannabis products, how can employers best navigate this dynamic legal landscape?

On October 29, 2021, Senior Counsel Andrew Kline participated in a panel on The Green Rush talk show, discussing the legality of interstate commerce in the cannabis industry.

In spite of the fact that more and more states have legalized marijuana use, Federal law continues to make it illegal to possess, distribute or sell it.

On Thursday, September 9, 2021, Perkins Coie hosted a panel discussion addressing the implications of the dormant commerce clause on state cannabis programs.

On April 27, 2021, Andrew Kline moderated a discussion about the history and ethics of cannabis prohibition as part of Willie Nelson’s Luck Summit, a virtual cannabis convention that aims to showcase the need for destigmatization and legalization of cannabis.

On April 21, 2021, Andrew Kline moderated a discussion about the recently released Arcview Group - Women’s Inclusion Network/National Cannabis Industry Association (NCIA) white paper and how businesses and individuals can embrace gender parity every day.

Panel discussion about the state of the cannabis industry in conjunction with the 2021 Business Insurance Cannabis Update webinar series.

What you need to know now about the future of cannabis policies and their impacts on your legal needs.

This presentation will highlight some of the most interesting state laws regarding legalized cannabis use and the areas where employer flexibility may be needed.