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In the last two years, more jurisdictions have passed laws providing employment protections to applicants and employees using cannabis on their free time, including in New York, Washington, DC, and California. Recently, however, the Supreme Court of Nevada upheld dismissal of an employee’s lawsuit, which claimed that his termination for testing positive for recreational cannabis violated the state’s lawful off-duty product law. (Ceballos v. NP Palace, LLC, Aug. 11, 2022.)…

Continue Reading Nevada Supreme Court Holds Recreational Cannabis is Not a “Lawful” Off-Duty Product

The New York State Cannabis Workforce Initiative needs your input.

The New York State Cannabis Workforce Initiative is a collaboration between the New York State School of Industrial & Labor Relations at Cornell University and the Workforce Development Institute. Their mission is to promote and support social equity in the adult-use cannabis market by providing quality workforce development and…
Continue Reading Help the New York State Cannabis Workforce Initiative

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

This week, we have a check in on Mississippi, Arkansas and South Dakota, to see how the move to legalize is progressing (or not) in those states.  We also link to two run-downs of election results – marijuana appeared on the…
Continue Reading The Week in Weed: November 5, 2021

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 sales.  The intersection of marijuana…
Continue Reading The Week in Weed: July 9, 2021

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 look at FDA’s regulatory activity…
Continue Reading Can We Be Buds? Join Us

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, and regulatory agencies are becoming…
Continue Reading Some Things Never Change: COVID-19’s Impact on CBD (or Lack Thereof)

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 pandemic. After the announcement, the…

Continue Reading Relief for Cannabis Companies Amid the Coronavirus Crisis Is Unlikely

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