Tetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal standpoint.
Following the passage of the 2018 Farm Bill, the marketplace for “alternative” or “minor” cannabinoids – chemical compounds
Continue Reading Is THCA Legal? The State Line is the Bottom Line
Marijuana is currently listed as a Schedule I substance in the Controlled Substances Act (CSA); this scheduling means the federal government concluded marijuana has no currently accepted medical use in any setting. This could change as the Biden Administration evaluates marijuana’s current legal status, potentially opening the door to rescheduling
Continue Reading Rescheduling Marijuana: Understanding the Legal Impacts
New laws and regulations are likely to be implemented in both New Jersey and New York in the very near future, which will greatly affect parties’ abilities to work with marijuana businesses.
Continue Reading NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with Disabilities Act.
Many of us are familiar with CBD products. In some states, they can be found
Continue Reading CBD & The Workplace, A Word to The Wise
This is the second installment in a three-part series exploring issues in cannabis and bankruptcy. In this episode, we’ll dive into bankruptcy protections available to businesses, including a case in which the Bankruptcy Court rejected a categorical prohibition for all debtors with any connection to marijuana.
Continue Reading Podcast: Cannabis and Bankruptcy, Ep. 2: Considerations for Businesses
With an increasing number of states passing laws to protect employees who utilize marijuana off-duty, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the risk of suffering discrimination, retaliation, and other claims for wrongfully taking adverse action against an employee for their marijuana legal use.
Continue Reading Budding Workplace Marijuana Impairment Laws Put Employers in a Bind
The Washington State Liquor and Cannabis Board (LCB) recently adopted an Interpretive Statement on the use of Additives in Authorized Cannabis Products. The Interpretive Statement is described by the LCB as follows:
This interpretive statement describes the use of CBD products and other additives and whether other cannabinoids, such
Continue Reading LCB Interpretive Statement Bans Hemp-Derivatives Besides CBD
The United States Food and Drug Administration (FDA) has consistently taken the position that cannabidiol derived from hemp (CBD) cannot be marketed or sold as a dietary supplement or food. The FDA’s position is based on the fact that CBD has been approved for use in a pharmaceutical drug and
On Thursday, May 19, 2022, the Ninth Circuit ruled that hemp-derived products which contain delta-8 THC are currently legal under federal law, and entitled to trademark protection.
Continue Reading Ninth Circuit Holds Delta-8 THC Products Are Federally Legal
On May 4, 2022, the Food and Drug Administration (FDA) sent out warning letters to five companies distributing Delta-8 THC (FDA Warning Letters). This is the first time that the FDA specifically addressed products containing hemp-derived Delta-8. In all but one of the letters, the FDA also warned about distributing