Cannabis Law Blog

**Originally posted October 7th, 2021 by Lauren Mendelsohn on the Law Offices of Omar Figueroa blog. View Original ** Yesterday, California Governor Gavin Newsom signed Assembly Bill 45 (AB45), which has big implications for the hemp, CBD, and cannabis industries. The bill, sponsored by Assemblymember Aguiar-Curry, was an urgency measure, meaning it went into effect immediately upon the Governor’s signing. It adds and repeals 26013.2 of the Business and Professions Code; and amends, adds, and repeals various sections of the Health and Safety Code. Below is an overview of the measure. New Definitions AB45 changes the definition of “hemp” and “industrial hemp” in the Health & Safety Code to mean “an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salt...

Regulation of cannabis by the federal government , specifically the Food & Drug Administration, was unthinkable less than a decade ago, but it will someday soon be a reality. The FDA is already aware of the non-approved uses of cannabis to treat conditions such as AIDS wasting, epilepsy, neuropathic pain, and several others. The agency has also approved one cannabis-derived drug product: Epidiolex (cannabidiol), used to treat seizures, and three synthetic cannabis-related drug products: Marinol (dronabinol), Syndros (dronabinol), and Cesamet (nabilone), all of which treat nausea due to chemotherapy. These approvals don’t signal a trend toward legalization of cannabis, but they do show that the FDA’s studies of cannabis are starting to bear some fruit. The most recent official guidance from the FDA regarding cannabis regulation was published in January 2021. In this communication, the FDA reassured readers that they are aware of the public interest in using cannabis to develop treat...

  As more and more states vote to legalize cannabis for adult use, the next question is whether the federal government will follow suit. The 2020 election placed Democrats in control of the Oval Office and both houses of Congress. This monopoly gives Democrats the power, if they so choose, to push for the legalization of cannabis nation-wide. However, federal legalization of cannabis would cause some issues in the states that could threaten to derail support from members of both parties. In those states where cannabis is already legal, how would a federal law impact their ability to regulate the market in their state? States that have not legalized cannabis may lack the infrastructure to compete in this new market. To make this a true nation-wide legalization, issues such as interstate cannabis commerce and regulatory compliance would need to be addressed. This one hour CLE, Federal Legislative Cannabis Reform | Pathway towards Progress in the 117th , explores these issues and more...

  First, thanks so much to my friend and Mexico City attorney Elias Lisbona Jassán of Perez Ferrer Abogados , who co-authored this piece with me, David Feldman . To answer the question in the headline, I think the legal term is “sort of.” This topic, of course, is important not only for the 120 million folks living in Mexico but for all of us in the rest of North America. It also portends where things might be headed in the rest of this hemisphere, and increases pressure on US lawmakers and leaders to consider further action if Mexico were to join Canada with full adult-use legalization. In addition, it enhances the hope of many to create multilateral trade in cannabis once the US moves to legalize it. How did we get here? For those who have not focused much on the developments in Mexico, let’s review the timeline in order. • Cannabis became illegal in Mexico in 1920. Interestingly, for just four months in 1940, cannabis became “legal,” when then-President Lázaro Cárdenas enacted r...

The business of cannabis [CD1]   is complicated, compounded by the fluid and evolving nature of the field and the multiple levels of applicable regulation. Failing to understand the laws and regulation of any industry can carry hefty consequences, but that is especially true in this highly-regulated and emerging landscape. This three-part Cannabis Law Module will focus on the special considerations that lawyers need to take into account when advising a cannabis business or a client that wishes to make their start in cannabis.   First, Business Law: Formation 101 provides an introduction into the basic tenets of cannabis business formation and the special considerations that lawyers must address in this industry. Moderator and attorney Megan Sheehan guides a trio of some of the longest-standing business law practitioners in cannabis and current and former INCBA Board Members Karen Bernstein (New York, Bernstein IP), Rachel Gillette (Colorado, Greenspoon Marder), and L...