California Goes Off the Rails About CBD

The California Department of Public Health (CDPH), Food and Drug Branch (FDB), released a new FAQ, “Industrial Hemp and Cannabidiol (CBD) in Food Products” on July 6, 2018 (FAQ). The FAQ specifically states that CBD may not be introduced into food products:

WHO Issues Glowing Report of CBD But Gets the Law Wrong- A Legal Analysis

The World Health Organization (WHO) issued a Critical Review Report (Report) on cannabidiol (CBD) on June 7, 2018. The Report is an update and extension of the Pre-Review Report on CBD that was prepared by Professor Jason White of Australia and released in November 2017 (Pre-Report) to the Expert Committee on Drug Dependence (ECDD). The Report was one of several issued about cannabis during a meeting in Geneva, Switzerland by a group of international cannabis experts. It was prepared by Dr Sharon Walsh and Dr Susanna Babalonis of Kentucky and J. Rehm of Canada and presented to the ECDD. It is the first of many steps by the WHO to deliver a recommendation to the UN secretary-general on the “need for and level of international control” of cannabis, which could have a major impact on marijuana legislation internationally.

Did the Federal Right to Try Act Just Legalize Medical Marijuana?

I’ve heard and read a lot this week about how the Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2018 (Right to Try Act), signed into law by President Trump on May 30, 2018, functions to legalize medical marijuana. It does no such thing. What it appears to do is allow terminally ill patients to try investigational new drugs that have not yet been approved by the FDA.

A Legal Analysis of the DEA Directive Regarding Cannabinoids

To say that the DEA is is slow in responding to matters regarding cannabis (other than raids and arrests) is like saying that Rip Van Winkle took a long nap. It’s a complete understatement. As reported by Lisa Rough in Leafly, “the first petition to reschedule cannabis from Schedule I to Schedule II was filed in 1972 by the National Organization for the Reform of Marijuana Laws (NORML), but the petition was not given a hearing for fourteen years.” In the article, Rough goes on to discuss another petition filed by Americans for Safe Access and the Coalition for Rescheduling Cannabis in 2002, which was ultimately denied in 2011, nine years later.

Gambling on Sports May Be a Bad Bet for Marijuana

The law at issue in the Murphy case, the Professional and Amateur Sports Protection Act, did “not make sports gambling a federal crime … Instead, [it] allow[ed] the Attorney General … to bring civil actions to enjoin violations.”

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PA/NJ Cannabis: Delicious CBD

PA/NJ Cannabis: Delicious CBD

Authored By: William F. McDevitt, Esq. This September, Philadelphia’s Little Baby’s Ice Cream celebrated the opening of its third store by releasing a vegan chocolate dessert infused with 100 mg of cannabidiol or CBD. It’s great publicity. Personally, this author...

PA/NJ Cannabis: End of Summer Confusion

The approach of fall presents conflicts for many people. Returning from vacations, preparing for the new school year, getting ready for the legislature to return and completing third-quarter projects tend to pull us in multiple directions at once. Perhaps these forces are responsible for some of the end-of-summer developments that may affect the cannabis industry.

PA/NJ Cannabis: Protected Cannabis Testing

PA/NJ Cannabis: Protected Cannabis Testing

On August 10, 2018, a federal judge sitting in Camden, New Jersey, dismissed a forklift operator’s claim that his employer violated the state’s employment discrimination laws by requiring him to submit to a drug test that he acknowledged would reveal his use of prescribed medical marijuana.

PA/NJ Cannabis: Local Zoning Issues

PA/NJ Cannabis: Local Zoning Issues

As cannabis businesses expand, they often face difficulties in securing local government approvals. In Pennsylvania, zoning boards and municipal governments have been known to raise last-minute challenges to companies that had already obtained approval at the state level.

Pennsylvania Medical Marijuana: Tides of Perception

Authored By: William F. McDevitt, Esq. According to a study released by the Annals of Internal Medicine on July 24, 2018 (July AIM Report), about 81% of Americans believes that medical marijuana has at least one benefit. In a 2017 survey of 9,003 adults, people...

Pennsylvania Medical Marijuana: Technology and Tariffs

Authored By:  William F. McDevitt, Esq. This year, the Trump Administration has imposed tariffs on industrial machinery, consumer goods and raw materials originating from China, Europe and even Canada. When referencing China, the administration cites the need to...

Pennsylvania Medical Marijuana: What Are the Odds?

The application deadline for Phase II of Pennsylvania’s medical marijuana licensing program passed on May 17, 2018. On June 18, 2018, Pennsylvania’s Department of Health (DOH) released the names, application identification numbers and locations of the applicants seeking the remaining 13 grower-processor licenses and 23 dispensary licenses allowed under the current provisions of the 2016 Medical Marijuana Act (MMA).

Pennsylvania Medical Marijuana: Thoughts on Legalization in Pennsylvania

The news from Trenton and Albany suggests New Jersey and New York soon will legalize cannabis for adult or recreational use. The most commonly cited reason is the potential tax revenue, with public opinion supporting legalization coming in second and job creation usually ranking third. The shift in public opinion is so significant that proposed federal legislation to direct the Drug Enforcement Administration to reschedule cannabis, and thereby allow medical and commercial sales across state lines, has the public support of numerous members of Congress.