FDA Issues Warning Letter to CBD Company for Fraudulent COVID-19 Treatment Claims

On Tuesday, the Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) issued a Warning Letter issued to Neuro XPF, a company selling CBD products in the U.S., based on claims contained on its website and social media pages that its products can mitigate, prevent, treat, diagnose, or cure COVID-19. The FDA has

By |2020-04-03T15:12:28-06:00April 2nd, 2020|Government and Policy|

HOW COVID-19 FORCE MAJEURE CLAIMS MAY WRECK OR SAVE YOUR BUSINESS

This article is authored by Senior Attorney Steve Schain. Following its rapid spread, on March 11, 2020 the World Health Organization declared coronavirus (“COVID-19”) to be a pandemic thereby potentially voiding every commercial contract via “force majeure” provisions and the common law doctrine of frustration (“Frustration Doctrine”). “Force majeure” events mirror “Acts of God” like

By |2020-03-26T15:12:42-06:00March 26th, 2020|Government and Policy|

MED Adopts Emergency Rules to Accommodate for COVID-19

In efforts to reduce the spread of COVID-19, Governor Jared Polis issued Executive Order D 2020 011 on March 20th, 2020 which temporarily suspends selected regulatory statutes in response to COVID-19. Grouped with numerous other suspensions, the Executive Order allows both Medical and Retail Marijuana Stores (“Licensees”) to conduct online and telephone sales transactions and

By |2020-03-25T16:02:56-06:00March 24th, 2020|Government and Policy|

Crop Insurance Expands for Domestic Hemp Producers

With the growing popularity of hemp as an agricultural commodity, farmers are gravitating towards hemp production. When growing crops, corn for example, farmers are able to purchase crop insurance to cover or mitigate losses. However, crop insurance is not as accessible for hemp.  Prior to the recent regulatory changes implemented by the Agricultural Improvement Act

By |2020-03-25T16:05:52-06:00March 18th, 2020|Government and Policy|

49 State Banking Associations Demand SAFE Banking Act’s Passage

To increase banking access for businesses within or serving the cannabis industry, on March 6, 2020, banking associations from 49 states and Puerto Rico wrote a joint letter to Senate Banking Chairman Mike Crapo (R-Idaho) and ranking member Sherrod Brown (D-Ohio) (“Banking Association Letter”) demanding the passage of the “Secure and Fair Enforcement Banking Act

By |2020-03-12T10:21:46-06:00March 12th, 2020|Government and Policy|

USDA Approves Texas Hemp Plan

This article is authored by Ashley Simpson with contributions from our law clerk, Haley Keefer.  In June of last year, Texas passed hemp legislation that authorizes the production, manufacture, retail sale, and inspection of hemp and hemp-derived products in Texas, including consumable hemp products that contain cannabidiol (“CBD”). Hemp is not currently legal to grow

By |2020-01-30T09:51:30-07:00January 30th, 2020|Government and Policy|

New Jersey Leads Nation in Federal Hemp Program Approval

New Jersey Leads Nation in Federal Hemp Program Approval Jersey got there first! Leapfrogging over 16 other states with more established hemp programs, on December 27, 2019, the U.S. Department of Agriculture (“USDA”) approved New Jersey’s proposed hemp growing, processing and selling regulations, including Cannabidol (“CBD”) starting in 2020. NJ Hemp Program’s Creation Following Congress’

By |2020-01-10T07:28:26-07:00January 9th, 2020|Government and Policy|

Update on Illinois Marijuana Adult Use

In less than a month, Illinois’ long-awaited adult use marijuana program will begin.  As of 6:00 a.m. CST on January 1, 2020, any person 21 years of age or older will be able to purchase marijuana in a licensed Illinois adult use dispensary.  In state residents will be able to purchase up to 30 grams

By |2019-12-18T15:56:54-07:00December 18th, 2019|Government and Policy|

Just in Time for the Holidays: FDA’s Updated Guidance on CBD Amid More Warning Letters

FDA Update Despite the impending Thanksgiving holiday, the U.S. Food and Drug Administration (“FDA”) kept plenty busy this week in keeping the hemp industry on its toes issuing: (a) yet another round of a whopping fifteen (15) warning letters to companies purportedly marketing “unapproved new drugs” containing hemp-derived cannabidiol (“CBD”) in violation of FDA regulations;

By |2019-12-18T13:08:47-07:00December 5th, 2019|Government and Policy|