In recently published guidance, Illinois’ main cannabis regulator – the Illinois Department of Financial and Professional Regulation – announced that medical and co-located dispensaries in Illinois must protect patient information in accordance with the stringent privacy and security rules set out in the federal HIPAA statute and attendant regulations.  In particular, medical and co-located dispensaries will be required to undertake a complete HIPAA security risk assessment by December 1,… More

With the third quarter coming to a close and year-end reporting just around the corner, public companies should be giving careful thought to the evolving landscape for climate-related disclosures. While it did not promulgate any new rules in 2021 regarding these disclosures, the SEC has been actively commenting on climate change disclosures, and new rules are almost certainly on the way.

Since 2010, the SEC has made clear that its existing disclosure regime requires issuers to assess and,… More

New York’s Cannabis Control Board (the “Board”) held its first public meeting today, kicking off a series of public meetings that will begin setting the regulations and guidelines for the adult-use cannabis market in New York. Led by Board Chair Tremaine Wright, the meeting was largely administrative. Some notable announcements from the meeting:

• Jason Starr is appointed as Chief Equity Officer to the Office of Cannabis Management (“OCM”).…

More

On October 1, 2021, the Department of Consumer Protection (the “Department”) published policies and procedures pertaining to the regulation of Adult-Use Cannabis (the “Regulations”) in accordance with Public Act 21-1. The Regulations outline the operational requirements and restrictions for the Adult-Use program, including the parameters by which individuals and businesses licensed by the Department will operate. The Regulations also set forth policies regarding consumer protections including product quality,… More

The Cannabis Control Commission announced in an August bulletin that it will begin reviewing all Marijuana Research Facility license applications previously submitted to the Commission.

A Research Facility license allows licensees to research cannabis and cannabis products for a variety of purposes, including under certain circumstances, studies involving human subjects. Research Facility licenses can be held by any number of different entities, including academic institutions, non-profits,… More

As was discussed in detail during Foley Hoag’s recent New Jersey webinar, the adult-use regulations released by the New Jersey Cannabis Regulatory Commission (“CRC”) contain several unanswered questions. For instance, when will the CRC begin accepting applications (they have already missed the statutory deadline)? How will applicants navigate the complexity of the local municipal approval process amidst towns seesawing between opt-ins and opt-outs?… More

The Food and Drug Administration (FDA) issued a consumer alert related to Delta-8 tetrahydrocannabinol (Delta-8 THC), following a recent increase in adverse event reports to FDA and poison control centers. Although Delta-8 THC products have proliferated in the market, FDA has not approved or evaluated any products containing the psychoactive cannabinoid and FDA is concerned that these products are being marketed in a manner that puts the public health at risk.… More

New Jersey has finally released its adult-use regulations outlining the manner in which licenses will be solicited, applications scored, and ultimately awarded. With a statutory deadline for the Cannabis Regulatory Commission to begin accepting applications within the next three weeks, preparation is sure to be a sprint. Foley Hoag’s application writing team has written and prepared several winning applications in multiple states, including New Jersey and recently Georgia.

Download presentation materials here.… More

Exactly five months after the passage of the Marijuana Regulation and Taxation Act (MRTA), on Tuesday, August 31st, New York Governor Kathy Hochul announced that she is convening an Extraordinary Session of the Legislature to announce her nominees to head the Office of Cannabis Management and the Cannabis Control Board (CCB), which governs the Office of Cannabis Management (OCM).

The OCM is the agency that will regulate cannabis and will issue licenses and develop regulations outlining how and when businesses can participate in the new industry.… More

The hemp cannabinoid marketplace has spent the last few years evolving at a fevered pace. However, for the first time in several years, we’re beginning to see a more mature marketplace, market participants, and most importantly, consumers. The market is now engaging in a renewed focus on scaling towards stricter best practices and regulatory frameworks. Please join us as we discuss not only where the marketplace is, but more so,… More