Companies in the cannabis industry need leaders to help navigate a complex and continually evolving regulatory and legal landscape.
Publications
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02.16.2024Food & Consumer Packaged Goods Litigation Year in Review 2023Lawyer PublicationsPerkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review.
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02.12.2024Hemp-Derived Intoxicants Need Better Cannabis Law GuardrailsArticlesAndrew Kline authored an article for Bloomberg Law titled "Hemp-Derived Intoxicants Need Better Cannabis Law Guardrails" stating that more attention should be paid to regulating hemp-derived intoxicants that are readily available to consumers.
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11.16.2023New Washington Law Protects Job Applicants’ Off-Duty Marijuana UseUpdates
Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use.
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10.25.2023Moving Marijuana to Schedule III Would Aid Access to Legal CareArticlesPartner Andrew Kline and Porter Wright’s Shane Pennington wrote an article for Bloomberg Law titled "Moving Marijuana to Schedule III Would Aid Access to Legal Care," about how reclassifying marijuana as a Schedule III substance would facilitate medical use and allow resources to be focused on more harmful drugs.
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08.09.2023What Justices' Pork Ruling Means For Interstate CannabisArticlesAndrew Kline and Tommy Tobin wrote an article published in Law360 on the what the U.S. Supreme Court ruling in National Pork Producers Council v. Ross means for interstate commerce in regards to cannabis.
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07.18.2023FDA Releases Public Inventory of Unapproved Food AdditivesUpdates
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.
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07.13.2023Psilocybin: Updates in Oregon and Around the CountryUpdatesOregon 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.
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06.2023
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03.27.2023Dormant Commerce Clause Issues Are Evolving In CannabisArticlesCan 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.
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03.17.2023Consumers and Businesses Need Better Regulation of CannabinoidsArticlesOur 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.
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03.09.2023Distressed Cannabis Companies: Considering Options Amid Bankruptcy LimitationsPodcastsCannabis companies can find themselves in financial distress but are generally locked out of the federal bankruptcy courts.
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02.28.2023Food & Consumer Packaged Goods Litigation Year in Review 2022Lawyer PublicationsPerkins 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.
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02.17.2023Illicit Cannabis Is the Problem, Not State-Legal MarketsArticlesIn 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.
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02.08.2023Distressed Cannabis: Growing Room for Bankruptcy in Ninth CircuitUpdates
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.
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2023In Search Of: A Federal Safe Harbor for State Legalization of PsilocybinArticlesSignificant 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.
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01.31.2023What 2023 Has in Store for the Cannabis IndustryArticles
Law360
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. -
01.26.2023Oregon Finalizes New Regulations To Implement Psilocybin Services ActUpdatesOregon 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.
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11.16.2022Plan for Workforce Reductions Now To Avoid Delay and LiabilityUpdates
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.
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11.01.2022California To Protect Employee Off-Duty Cannabis Use Effective 2024Updates
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.”
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09.06.2022Cannabis Cos. Should Brace For More Prop 65 Scrutiny, SuitsArticles
Law360
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. -
08.18.2022Federal Court Ruling on Maine Marijuana Licensing Law Could Open Door to Interstate CommerceArticles
Marijuana Moment
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. -
08.15.2022Senate Cannabis Bill May Give Some Cos. A Competitive EdgeArticles
Law360
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.
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2022
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06.24.2022State AGs Call for Congressional Action on Copycat THC EdiblesBlogsMore 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.
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05.18.2022What FDA Warning Letters Signal About Delta-8 EnforcementArticles
Law360
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." -
04.01.2022Federal Cannabis Bill Needs A Regulatory Plan To SucceedArticles
Law360
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. -
03.2022Cannabis and the Dormant Commerce ClauseArticlesThis practice note provides practical insight regarding the Dormant Commerce Clause as it applies to the cannabis industry.
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02.28.2022Educating the Cannabis Industry: A Conversation with Maureen McNamara and Danny GoldPodcastsRegardless 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.
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The 411 on 420PodcastsThe 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.
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02.22.2022Mississippi Legalizes Medical MarijuanaUpdatesOn February 2, 2022, Republican Governor Tate Reeves signed the Mississippi Medical Cannabis Act, which legalizes medical marijuana for the treatment of certain debilitating conditions.
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02.11.2022Food & Consumer Packaged Goods Litigation Year in Review 2021Lawyer PublicationsPerkins 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.
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02.04.2022Research and Regulation for the Cannabis Industry: A Conversation With Sheri OrlowitzPodcastsThe 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.
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01.24.2022Flaws in Federal Cannabis Bills Threaten the Legal MarketArticlesFlaws 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.
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01.03.2022A Sleeping Giant: How the Dormant Commerce Clause Looms Over the Cannabis MarketplaceArticlesVaguely recalled by practicing attorneys, the Dormant Commerce Clause (DCC) is often the bane of first-year students’ Constitutional Law courses.
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12.16.2021Ad Law Resolutions for 2022Updates‘Tis the season for retailers to set best practices to avoid class actions, regulatory enforcement actions, and competitor claims.
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12.02.2021E-Commerce and Cannabis: A Conversation With Lauren Thomas, General Counsel of DutchiePodcastsGiven 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.
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09.29.2021The Role of State AGs in Cannabis Policy and Regulation: A Conversation with Austin BernsteinPodcastsState 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.
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09.22.2021Delta 8, CBD, 1% THC, and Other Issues Affecting the Hemp Industry: A Conversation with Eric SteenstraPodcastsPerkins 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.
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09.07.2021Actionable Insights for Winning Product Development and Branding StrategiesPodcastsPerkins 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.
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08.19.2021The Future of Cannabis and Psilocybin as Plant-Based Medicine: A Conversation with Stephen Dahmer and Betty AldworthPodcastsMillions 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.
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08.05.2021The Role of State-Level Cannabis Associations: A Conversation with Truman BradleyPodcastsWhile 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.
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07.12.2021Class Actions Increasingly Targeting Cannabis CompaniesArticlesIn 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.
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07.06.2021Federal Cannabis Descheduling Bill Needs More ClarityArticlesThe third version of the Marijuana Opportunity Reinvestment and Expungement, or MORE, Act was introduced on May 28.
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06.21.2021Cannabis Lab Testing and Standards Post Descheduling: A Conversation with Alena RodriguezPodcastsAs 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.
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06.14.2021Packaging and Labeling Post Descheduling: A Conversation with Doug FischerPodcastsIt is well known that the varying state regulations for cannabis give this industry a complex legal landscape.
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Summer 2021Cannabis Companies Don't Overlook Data-Related Litigation RisksArticles
TheSciTechLawyer
Volume 17, Number 4Cannabis 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. -
05.28.2021The Cannabis Industry for Veterans: A Conversation with Nick EttenPodcastsMedical marijuana is playing an increasingly significant role in the quality of life for Americans, especially veterans.
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05.17.2021The Big Questions Facing Federal Cannabis Legalization: A Conversation with Andrew FreedmanPodcastsPerkins 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).
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04.02.2021The Future of Cannabis: State Legalization and Private Sector PerspectivePodcastsOn 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.
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04.02.2021The Future of Cannabis: Federal Perspective (MORE Act, SAFE banking, 280E)PodcastsOn 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.
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03.24.2021California Regulators Propose Tailored Proposition 65 Warnings for Cannabis ProductsUpdatesOn 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).
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02.18.2021
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02.17.2021Growing Talent: A Conversation With Bryan Passman, Cannabis Industry Executive RecruiterPodcastsBarak 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.
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2021 | BookCannabis Law: A Primer on Federal and State Law Regarding Marijuana, Hemp, and CBDUntil 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.
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01.27.2021Entrepreneurship in the Cannabis Industry: A Conversation with Dr. Tim Shu, Founder and CEO of VetCBDPodcastsPerkins Coie associate Michael Bleicher is joined by Dr. Tim Shu, founder and CEO of VetCBD, a startup marketing CBD-infused supplements for pets.
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01.26.2021Another Blow to Bankruptcy Relief for Marijuana-Adjacent DebtorsUpdatesThough 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.
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01.13.2021California Regulators Seek to Limit Use of Short-Form Proposition 65 WarningsUpdatesOn 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.
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12.21.2020The Shape of Things to Come: A Conversation with Andrew Kline, Director of Public Policy for the National Cannabis Industry AssociationPodcastsIn 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.
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12.09.2020Proposition 65’s Imminent Enforcement Date for THC: Is Your Cannabis Business Ready?Updates
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.
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11.30.2020Considerations for Marketing Cannabis Amid Varied LawsArticles
Law360
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.
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11.19.2020Race, Social Equity, and the Cannabis IndustryPodcastsPerkins 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.
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10.29.2020How Cannabis Companies Can Protect Their TrademarksArticlesThe 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.
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10.17.2020From General Counsel to CEO: A Conversation With Yoko Miyashita, CEO of LeaflyPodcastsPerkins 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.
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08.03.2020Awaiting FDA Rulemaking, Courts Are Pressing Pause on CBD Class ActionsArticlesThe 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.
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07.27.2020INSIGHT: Mitigating Data Breach Risks Facing Marijuana BusinessesArticlesMarijuana businesses, especially those in the medical marijuana industry, often have access to sensitive consumer information.
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07.15.2020FDA Releases Report to Congress on CBD LabelingUpdatesThe U.S. Food and Drug Administration (FDA) submitted a report to Congress on July 8, 2020, providing an analysis of the cannabidiol (CBD) marketplace.
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07.13.2020INSIGHT: Multiple CBD Class Actions Stayed Pending FDA Regulatory ActionArticlesCBD 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.
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07.06.2020INSIGHT: Cannabis Businesses Should Get Smart About TCPA Litigation RisksArticles
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.
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06.26.2020Cannabis Industry Should Expect Continued Federal Antitrust OversightUpdatesThe 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.
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06.02.2020INSIGHT: Contract Considerations for Marijuana Companies During CoronavirusArticlesThe marijuana industry has not escaped the economic impacts of the coronavirus pandemic, and contract issues are a particular concern.
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03.06.2020FDA Releases Report to Congress Regarding CBDUpdatesThe 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).
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02.13.2020Proposition 65 Labeling Obligations Anticipated for CBD Products Containing THCUpdatesCalifornia’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.
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01.10.2020CBD in New York—Differences in State, City Regulation Leave QuestionsArticlesThe 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.
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01.09.2020U.S. Political Winds Are Shifting in Favor of the Cannabis IndustryArticlesLawmakers 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.
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12.18.2019A New Class—The CBD Lawsuit Floodgates Are OpeningArticlesA 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.
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12.04.2019Multiple CBD Class Actions Filed With More ExpectedUpdatesOn 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.
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11.26.2019FDA Declines to Conclude CBD is Safe and Sends Flurry of Warning LettersUpdatesOn November 25, 2019, the U.S. Food and Drug Administration (FDA) took several significant actions regarding sellers of products containing cannabidiol (CBD).
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11.01.2019USDA Issues Interim Rules Regarding Hemp Production (Finally)UpdatesSince late February 2019, the U.S. Department of Agriculture (USDA) has been promising to publish guidelines regarding hemp production.
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10.25.2019FDA and FTC Take More Forceful Tone With CBD ManufacturerUpdatesThe 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.
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09.27.2019INSIGHT: Banking Services for Legal Hemp May Open Door to Broader Cannabis MarketArticlesOn 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.
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08.01.2019Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBDUpdatesFollowing 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.
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06.21.2019Insight: FDA Considers Pathway for Legalizing CBDArticlesThe 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).
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05.31.2019Food and Drug Administration Considers Pathway for Legalizing CBD at Public HearingUpdatesOn 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).
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05.01.2019FTC Joins FDA in Sending Warning Letters to Companies Advertising and Selling Products Containing Cannabidiol (CBD) Claiming to Treat Alzheimer’s, Cancer and Other DiseasesBlogsOn 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.
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02.22.2019Canadian Cannabis Industry Employees Face Risks When Crossing the U.S.-Canadian BorderUpdatesThe legal Canadian cannabis industry is booming, and U.S. companies can benefit from the prospering cross-border industry by partnering with Canadian companies.
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12.31.2018What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?UpdatesPresident Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law on December 20, 2018.
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06.12.2018Ninth Circuit Reinforces Need for Due Diligence When Doing Business With the Cannabis IndustryUpdatesIn 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.
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06.05.2018Ninth Circuit Ruling Reinforces Necessity of Due Diligence When Doing Business in the Cannabis IndustryArticlesIn 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.
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04.20.2018Minimizing the Risks of Doing Business With Companies in the Cannabis IndustryUpdates
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.
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01.04.2018The Broader Implications Of Sessions’ Marijuana MoveArticlesThere 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. -
04.25.2016Zero-Tolerance Policies May Need to Be TrashedArticlesEmployers 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.
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05.07.2013California Cities and Counties Can “Just Say No” to Medical Marijuana DispensariesUpdatesThe 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.
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11.26.2012I-502 – When the Smoke Clears, Nothing Changes in the WorkplaceUpdatesOn 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.”
Presentations
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11.14.2023
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09.22.2023IP Protection in the Cannabis IndustrySpeaking EngagementsCannabis Industry General Counsel Roundtable / Denver, CO
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06.08.20232nd Annual Summary of Precedential Rulings and Litigation TrendsSpeaking EngagementsInternational Cannabis Bar Association / Washington, D.C.Cannabis law and policy continue to quickly evolve and the past year has seen major legal developments for the regulated marijuana and hemp industries. Moderated by Paul Demko, Cannabis Editor at POLITICO, Barak Cohen and the panel of experts will identify and comment upon important court rulings and litigation trends, as well as anticipated changes to the law heading into 2024 on a variety of legal topics.
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06.08.2023Re-Scheduling Versus De-Scheduling Non-Hemp CannabisSpeaking EngagementsLegal and Practical Issues in Cannabis Regulation Agenda - Food and Drug Law Institute (FDLI) / VirtualThere is significant momentum to change marijuana’s status as a Schedule I drug under the Controlled Substances Act; however, there is disagreement as to whether it should be placed on a different schedule or removed as a federally controlled substance entirely. Andrew Kline and the other panelists will debate marijuana’s ultimate fate in light of known science and other drugs, substances, and chemicals under the purview of the Drug Enforcement Agency.
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05.17.2023Federal Cannabis Regulation: Drafting a BlueprintSpeaking Engagements2023 FDLI Annual Conference / Washington, D.C.
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04.26.2023
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04.12.2023Descheduling/Rescheduling: An Expeditious Path to 280e ReliefSpeaking EngagementsBenzinga Cannabis Capital Conference / Fontainebleau Miami Beach, FL
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11.11.2022Legal Implications of Canopy’s U.S. Hold Co. AnnouncementSpeaking EngagementsCowen Washington Research Group / VirtualBarak 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.
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10.18.2022Investigations & Enforcement: A Former Federal Prosecutor’s PerspectiveSpeaking EngagementsCannabis Quality Conference 2022 / Parsippany, NJ
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.
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05.25.2022FDLI Welcome and Panel Discussion: Harmonizing Lab Testing and Quality Standards for Cannabis ProductsSpeaking EngagementsModerator
Food and Drug Law Institute / VirtualSenior Counsel Andrew Kline moderated a panel during the Food and Drug Law Institute’s Legal and Practical Issues in Cannabis Regulation virtual event. -
01.20.2022Cannabis Webinar—Scientific Standards in Cannabis, Gaps, and How Industry AlignsWebinarsOn Thursday, January 20, 2022, Perkins Coie hosted a panel discussion addressing the scientific standards in cannabis.
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12.17.2021Beware of the Snake in the Grass: Regulatory, Compliance, 280E & IRS AuditsSpeaking EngagementsA presentation on the not-so-obvious trials and tribulations navigating the California regulatory system.
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12.14.2021A Regulatory Minefield?Speaking EngagementsFood Bev Horizons 2021 / Online ConferenceHow 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.
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12.02.2021Present and Future Federal Marijuana Policies and Interplay with State Regulatory FrameworksSpeaking Engagements
Food and Drug Law Institute / Virtual
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.
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12.02.2021
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11.11.2021A Toke Is No Joke: Legal Cannabis and Employment PracticesSpeaking EngagementsCannabis 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?
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10.29.2021Is Interstate Commerce in Cannabis Legal?Speaking EngagementsPanelist
The Green Rush / VitrualOn 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.
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10.27.2021Cannabis, Banking, and Marijuana Related Businesses (MRBs)Speaking EngagementsAssociation of Asian American Bankers / VirtualIn 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.
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09.09.2021Cannabis Webinar—Federal Legalization’s Unintended Consequences: The Impact of the Dormant Commerce Clause on State Cannabis ProgramsWebinarsOn Thursday, September 9, 2021, Perkins Coie hosted a panel discussion addressing the implications of the dormant commerce clause on state cannabis programs.
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04.27.2021Why Is a Plant Against the Law? The History and Ethics of Cannabis ProhibitionSpeaking Engagements
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.
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04.21.2021Policy Council Conversations: Building New Foundations in the Cannabis Industry—Creating Gender ParitySpeaking Engagements
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.
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04.08.2021State of the Industry - CannabisSpeaking Engagements
Panel discussion about the state of the cannabis industry in conjunction with the 2021 Business Insurance Cannabis Update webinar series.
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03.03.2021Webinar: The Future of CannabisWebinarsWhat you need to know now about the future of cannabis policies and their impacts on your legal needs.
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08.27.2020Cannabis Companies & Data Privacy - Getting Smart About CCPA & TCPA RisksSpeaking EngagementsAmerican Bar Association / Webinar
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08.06.2020Cannabis in the Workplace: Making Your Way Through an Evolving LandscapeSpeaking EngagementsThis presentation will highlight some of the most interesting state laws regarding legalized cannabis use and the areas where employer flexibility may be needed.
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10.04.20192019 Fall Tax Meeting: Ethical Considerations for Advising and Representing Clients on Cannabis and CryptocurrencySpeaking EngagementsAmerican Bar Association Section of Taxation / San Francisco, CA
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08.10.2015Medical Marijuana Lending IssuesSpeaking Engagements
Cannabis Legal Highlights: The 411 on 420
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It’s Game Time for Cannabis Reform
March has been a big month for cannabis reform and the $40 billion state-regulated marketplace. President Biden mentioned cannabis reform and his administration’s efforts to reschedule the substance in his State of the Union address—a historic first for any U.S. president. Vice President Kamala Harris held a cannabis event in the White House, where she... Continue Reading…
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HHS Releases Memorandum Recommending Rescheduling Marijuana to Schedule III
On January 12, 2024, a 252-page memorandum from the U.S. Department of Health & Human Services (“HHS”) was publicly released. This memorandum, dated August 29, 2023, portends a potential monumental shift in the regulation of marijuana under federal law and recommends that marijuana be regulated under schedule III of the Controlled Substances Act (“CSA”). The... Continue Reading…
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Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use
Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited from discriminating against job applicants on the basis of lawful, off-the-job marijuana use. Specifically, employers may not rely on preemployment drug tests that screen for... Continue Reading…
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Ohio Voters Approve Adult-Use Cannabis Referendum
After Tuesday’s election, Ohio is the latest state to legalize adult-use cannabis despite opposition from Republican Governor Mike DeWine and several trade groups. Voters approved State Issue 2 with 57% voting in favor and 43% against. The measure allows Ohioans 21 years or older to buy, possess, and grow cannabis up to certain limits. It... Continue Reading…