Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

South Dakota may vote on marijuana again in 2022.  Mississippi’s Supreme Court won’t reconsider its decision on the 2020 ballot initiative.  The House Appropriations Committee passed a bill that does not prohibit DC from allowing cannabis

For those interested in cannabis industry events, Seyfarth attorneys will be participating in the following webinar programs and we invite you to join.

Thursday, October 1 – “CBD News You Can Use: FDA’s Progress and Other Updates” hosted by Seyfarth

This program offers an overview of the distinction between cannabis, hemp, marijuana, and CBD; a

Hemp production, unlike much of the farming industry, has not declined due to COVID-19.  Meanwhile, certain CBD companies have wasted no time in making unsubstantiated claims related to COVID-19.  In turn, FDA and FTC enforcement has ramped up.

As the pandemic rages on, the CBD industry continues to grow as it did before the crisis,

In response to the drastic economic impact COVID-19 has had on small businesses in recent weeks, President Trump announced that the Small Business Administration (SBA) was authorized to provide $50 billion in low-interest loans – more than double the amount of loans provided by the SBA in 2019 – to keep them operating during the

The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the manufacturing, processing, and distribution of cannabis products.
Continue Reading Future Enterprises and Environmental Impacts in the Cannabis Industry

In its largest mass enforcement action involving cannabidiol (CBD) yet, the U.S. Food & Drug Administration (FDA) announced on November 25 the issuance of 15 warning letters to various companies for illegally selling products containing CBD.  In addition to the letters, the FDA published a revised Consumer Update detailing safety concerns about CBD products more broadly.  Notably, the FDA commented that it “plans to provide an update on its progress regarding the agency’s approach to these [CBD] products in the coming weeks.”  Previously, the FDA had indicated it would generate a report by this Fall.  Finally, the FDA reiterated that “[i]t is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.”  Unlike hemp derivatives– hulled hemp seed, hemp seed protein powder, and hemp seed oil–which were added to the FDA’s Generally Recognized as Safe (GRAS) inventory, the FDA also confirmed that, at this time, CBD is not generally recognized as safe for use in human or animal food.
Continue Reading FDA Stresses CBD Safety Concerns in 15 Warning Letters and Revised Consumer Update

Georgia Governor Brian Kemp signed a bill on April 17, entitled Georgia’s Hope Act (HB 324), allowing in-state production and sale of marijuana oil for medical use. Before this bill, Georgia only allowed citizens with a narrow list of specific medical conditions to possess cannabis oil with less than five percent THC, but

As cannabis growers and retailers struggle with the complex and onerous regulatory scheme governing California’s emerging legal marijuana marketplace, they may be excused for overlooking the requirements of California Safe Drinking Water and Toxic Enforcement Act of 1986—more commonly known as Proposition 65.  Neither the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), nor its implementing regulations, reference or suggest that cannabis growers or retailers are subject to Proposition 65.  Yet, Proposition 65 plainly applies to cannabis and cannabis products, and ignorance of its requirements can prove costly to fledgling and established cannabis businesses alike.
Continue Reading Proposition 65: Yet Another Challenge for California Cannabis Businesses to Bend Their Minds Around

With just under four weeks until Election Day, the push to legalize medical marijuana in Utah continues to progress. After years of failed efforts in the state legislature, the issue is being presented directly to voters by way of Utah Proposition 2, the Medical Marijuana Initiative. If the referendum passes, it will legalize medical cannabis for individuals with qualifying conditions. Eligible conditions include autoimmune diseases, Alzheimer’s, cancer, and chronic pain where the patient is unable to use opiates, among several other ailments.
Continue Reading Give and Toke: Utah Reaches Compromise Agreement on Proposed Medical Marijuana Policy