On May 11, 2020, a Pennsylvania court upheld the state Unemployment Compensation Board of Review’s order granting a CBD (cannabidiol) user unemployment benefits after being terminated for testing positive for marijuana (Washington Health System v. Unemployment Compensation Board of Review). The decision highlights that employers must tread carefully before taking action against
The Week in Weed: March 13, 2020
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.
FEDERAL NEWS
The big news this week was the FDA’s report to Congress on CBD. The report did not set out a timeline for usage guidelines, citing the need for more data. Commissioner Stephen Hahn did
Department of Transportation Cautions Employers About CBD Use By Regulated Workers
As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of tetrahydrocannabinol (THC), an amount generally viewed to be sufficient to produce a psychoactive effect, then
The Week in Weed: February 14, 2020
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.
It was a busy week for the states, as Virginia moved towards decriminalization. The state House and Senate passed versions of a bill to decriminalize, which the governor is expected to sign.
In Kentucky, support
The Week in Weed: January 31, 2020
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.
Following up on last week’s look at New Mexico, a cannabis legalization bill has passed the Senate Public Affairs committee. Next step: the Senate Judiciary Committee.
New York is also looking at legalization (again). Just like
The Week in Weed: December 6, 2019
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. There’s lots of news to cover this week, so let’s jump right in.
New Jersey is talking about decriminalizing marijuana. Regular readers will doubtless recall that legalization failed earlier this year and that lawmakers are considering
FDA Stresses CBD Safety Concerns in 15 Warning Letters and Revised Consumer Update
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.
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FDA and FTC Issue Joint Warning Letter For CBD Products and Senator Schumer Applies Pressure on FDA to Regulate CBD
Businesses should take note of recent developments in the CBD space. Consumer protection regulatory agencies issued another joint warning to a company selling CBD products making allegedly unsubstantiated claims. And, the FDA continues to stick to its public position that it is working toward both understanding the impact of CBD on users and crafting an effective regulatory framework. Despite this activity, Congressional leaders are still nipping at the heels of the FDA. Senator Chuck Schumer called on the FDA to issue and implement its CBD regulatory framework as soon as possible, and to report back to his office on its progress to date. In the interim, businesses will be left wondering what the rules of the road are.
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CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products
The Western District of New York, in Horn v. Medical Mar
ijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted in a failed drug test that resulted in his employer terminating his employment. Horn v. Medical Marijuana, Inc., et
FTC Issues Additional Three Warning Letters to CBD Companies
On September 10, 2019, the Federal Trade Commission (FTC) sent warning letters to three companies that sold cannabidiol (CBD) products marketed with misleading claims that they could treat serious diseases. The FTC aims to “protect consumers from unfair and deceptive practices in the marketplace,” and accordingly has the responsibility of jointly overseeing marketing and advertising of products that fall under the U.S. Food & Drug Administration’s control. (In 2019, the FDA issued four warning letters, and publicly disclosed the names of the companies in question. We previously discussed these letters in an earlier article.) According to its press release, the FTC warned three companies that it is illegal to market cures or preventative features of a product without supporting “competent and reliable scientific evidence.” The FTC has not publicly identified the recipients of the letters.
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