ICYMI: The House Passes the SAFE Banking Act!
Uncategorized October 5, 2019
Great news! In a pretty historic moment, the House of Representatives officially voted to pass the SAFE Banking Act (H.R. 1595). We’ve extensively covered the Act’s progress in past posts (the latest can be found here and here), but just as a reminder, the Act would finally allow the cannabis industry to access banking and financial…
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The Ethical Marijuana Lawyer
Uncategorized October 3, 2019
Recently, I traveled to Chicago to speak at a conference hosted by the American Bar Association (“ABA”) titled From Regs to Riches: Navigating the Rapidly Emerging Fields of Cannabis and Hemp Law. The Conference covered a broad range of cannabis topics including the tension between state and federal law on marijuana, navigating the licensing and start-up…
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Cannabis Litigation: Another Blow to the Illegality Defense (Kennedy v. Helix TCS, Inc.)
Uncategorized October 2, 2019
Yes, cannabis is still federally illegal. But no, that doesn’t mean cannabis businesses should act as if federal law doesn’t exist. It does, and it probably applies to any cannabis business. Nevertheless, our cannabis attorneys often hear claims that federal law doesn’t apply. In fact, two questions that I’ve heard numerous times are: If the…
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FDA to Clear a Path Within Four Months To Lawfully Market Hemp-Derived CBD Products
HempUncategorized September 27, 2019
Back in March, former Food and Drug Administration (“FDA”) Commission, Scott Gottlieb, explained it would take several years for the agency to come up with rules that would legalize the use of hemp-derived cannabidiol (Hemp-CBD) in food products, unless Congress stepped in. Last week, both chambers showed they are not interested in waiting around for the FDA…
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The FDA and FTC Regulatory Overlap Means Twice as Much Compliance for CBD Companies
HempUncategorized September 23, 2019
Last week, the Federal Trade Commission (“FTC”) issued warning letters to three unnamed companies that advertised their CBD-infused products as treatments or cure for serious medical conditions. These warning letters are nothing new. As we have explained before, making medical claims about CBD-infused products is the perfect way of falling under the scrutiny of federal…
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The SAFE Banking Act – Progress on All Fronts
Uncategorized September 22, 2019
Things are looking better and better for expanded cannabis banking prospects. As we’ve discussed on the blog previously, the SAFE Banking Act would allow financial institutions to serve state-legal marijuana businesses without fear of federal repercussions. Supporters of the Act have stressed the public-safety concerns that have resulted from the lucrative cannabis industry conducting business on…
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Cannabis Smoke: The Good, the Bad and the Ugly
HempUncategorized September 19, 2019
The last few days we’ve seen a flurry of activity related to smokable cannabis products. It’s been tough to keep track of everything that’s gone on, so today I’m going to take a page out of legendary Italian director Sergio Leone‘s book and break down the Good, the Bad, and the Ugly in all things…
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Grading the Presidential Candidates on Marijuana: Donald Trump
Medical MarijuanaRecreational MarijuanaUncategorized September 13, 2019
Over the course of of ten weeks, we recently ran a series of blog posts that take a close look at the Democratic Party candidates for President in 2020. We examined each candidate’s historic approach to marijuana law and policy, and we also canvassed their current respective stances on marijuana. In all, we covered Joe Biden, Bernie…
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Grading the Presidential Candidates on Marijuana: Julián Castro
Medical MarijuanaRecreational MarijuanaUncategorized August 31, 2019
Every Saturday, we have been running a series of blog posts that take a close look at the Democratic Party candidates for President in 2020. We examine each candidate’s historic approach to marijuana law and policy, and we also canvas their current respective stances on marijuana. Over the past nine weeks, we covered Joe Biden, Bernie Sanders, Kamala…
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Hemp stakeholders have been eagerly waiting for the release of rules and regulations by the U.S. Department of Agriculture (“USDA”). Although the 2018 Farm Bill removed the hemp and its derivatives from the Controlled Substances Act, it did not provide clear, consistent and reliable standards to safely and lawfully produce the crop. Instead, the new…
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