A group of Illinois cannabis companies face an antitrust lawsuit alleging that they maintained illegal interlocking directorates. An interlocking directorate is where a person from one company serves as an officer or director at a competing company in violation of Section 8 of the Clayton Act. On April 18, 2022, a plaintiff named True Social

Husch Blackwell has launched its Psychedelics and Emerging Therapies team, an interdisciplinary, cross-office group of lawyers capable of addressing the challenges faced by innovators that seek to research, develop and commercialize novel therapies based on psychedelic drugs. Many of these drugs are regulated by a patchwork of state and federal laws regulating Schedule I controlled substances.
Continue Reading Husch Blackwell Launches Psychedelics and Emerging Therapies Practice Group

The “Cannabis Administration and Opportunity Act,” was published today. The proposed legislation, sponsored by Majority Leader Chuck Schumer and Senators Cory Booker and Ron Wyden, delivers a plan for the comprehensive rescheduling and federal regulation of marijuana.  We have highlighted a few key aspects of the proposed legislation and our thoughts on the overall landscape below.
Continue Reading One Step Closer to the Federal Decriminalization of Marijuana

On June 4th, 2021 we provided a brief overview of coming changes in online ordering which was updated on June 14, 2021, “Business as Usual: The June 11, 2021 Expiration of COVID-19 Emergency Rules and the Impact on Colorado Marijuana Businesses”. Since our last update Governor Polis signed an extension of Executive Order 2020-011 which now allows for transactions completed outside of the licensed premises by licensed retail marijuana stores through electronic means to resume until July 10, 2021. What is the current status of online ordering and online transactions?
Continue Reading Current Status of Online Orders in Colorado

Delta-8 has been the topic of many conversations over the last year in various cannabis circles. Is it legal?  How will hemp-derived Delta-8 THC impact the state-legal marijuana industry?  How is Delta-8 THC extracted from hemp and in what quantities?  Much of this was already covered in a recent webinar hosted by our firm a

A new California Proposition 65 mandate took effect on January 3, requiring health warning labels for all cannabis products sold in the state.  Failure to comply with the requirements can and will result in enforcement against cannabis producers and sellers, resulting in hefty penalties.  Here’s what you need to know.
Continue Reading California Laws Regarding Health and Safety Warnings for Cannabis Have Changed: Are You In Compliance?

In an article published in Marijuana Venture, Husch Blackwell attorneys Nicole Bashor, Steve Levine and Matt Kamps analyze cannabis-centric patent data to see if patents and applications are continuing the rising trend. They also discuss how the current political landscape and the global health crisis could impact the cannabis industry. Read more in

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

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

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