In our previous posts,[1] we discussed why state-legal medical and recreational marijuana businesses are likely not eligible to receive federal financial assistance under the Paycheck Protection Program due to the fact that these businesses are inherently engaged in federally illegal activities.

While our view has not necessarily changed, this post is intended to highlight

bright green marijuana plant

On Thursday April 23, 2020, Representatives Earl Blumenauer (D-OR) and Ed Perlmutter (D-CO) introduced the “Emergency Cannabis Small Business Health and Safety Act” in the House. Blumenauer and Perlmutter have been influential in protecting state-legal marijuana businesses from federal interference, most recently under the 2020 federal appropriations rider.

If passed, the Act would

Different glass bottles with CBD OIL, THC tincture and cannabis leaves on yellow background. Flat lay, minimalism. Cosmetics CBD oil.

In our previous post, we touched on the fact that state-legal medical and recreational marijuana businesses (including indirect marijuana businesses) could not receive federal financial assistance due to marijuana’s continued Schedule I status under the Controlled Substances Act (“CSA”).  While state-legal medical and recreational marijuana businesses have been adversely affected due to government imposed

The below discussion is an analysis of the current legal environment in light of the recent COVID-19 pandemic. This analysis highlights the ability of both medical and retail marijuana businesses to continue operating in light of several emergency orders from the State of Illinois and emergency variances from regulatory agencies. This summary is not a

The below discussion is an analysis of the current legal environment related to the recent COVID-19 pandemic. This analysis highlights the ability of both medical and retail businesses to continue operating in light of several emergency orders from the State of Colorado and emergency rule changes from the Marijuana Enforcement Division (“MED”). This summary is not a legal opinion, but rather perspective and analysis on the current status of such emergency rules and orders. The content provided herein is subject to change as the laws and interpretation of such laws change.

STATE ANALYSIS

Below is a summary of the current status of Governor Polis’ Executive Orders, Colorado Department of Public Health’s (“CDPHE”) Public Health Orders (“PHO”), Emergency Rules, and MED Guidance (the “Releases”) updated as of March 30, 2020.  For ease of reference, at the end of this summary is a link to all applicable Releases.
Continue Reading HB Analysis of Recent COVID-19 Announcements by the State of Colorado and the Marijuana Enforcement Division

President Trump is back at it again with his most recent inconsistent stance on marijuana.  “As part of his recently released fiscal year 2021 budget plan, Trump proposed ending an existing policy that protects state medical marijuana programs from Justice Department interference in addition to a provision that would continue to prohibit the District

The U.S. Food and Drug Administration (FDA) issued a press release on the evening of Monday, November 25 concerning its recent enforcement actions and a regulatory decision concerning products that contain cannabidiol (CBD).  The Warning Letters follow FDA’s trend of focusing its CBD product enforcement on unapproved drug claims.  The regulatory decision stated in the press release concerns FDA’s decision that CBD is not generally recognized as safe (GRAS) for use as a food additive.

The fifteen (15) Warning Letters, each dated November 22, 2019, were issued to companies for marketing various CBD products. The products identified in the Warning Letters spanned conventional foods, dietary supplements and animal products.  FDA made specific mention in several Warning Letters about statements regarding the use of CBD products in infants and children.
Continue Reading FDA States CBD Is Not GRAS for Use in Food, Issues More Warning Letters

Last week, the US Center for Disease Control and Prevention (the “CDC”) announced what the agency considers to be an important breakthrough in their investigation on vaping illnesses. While the CDC has not ruled out other possible factors, the investigation has revealed a correlation between those suffering from symptoms and Vitamin E acetate. The

cannabis background macro close up

Cannabis Regulation and Tax Act

In May 2019, the Illinois General Assembly passed the Cannabis Regulation and Tax Act (the “Act”). With the Act’s passage, Illinois became the first state legislature to pass a bill that legalized both the sale and possession of recreational marijuana. The Act passed the Senate on Wednesday, May 29th