The Food and Drug Administration (FDA) held a stakeholder call on May 25, 2023 to provide additional information related to the agency’s January 26 announcement that it believes a new regulatory framework for cannabidiol (CBD) products is needed. FDA has regulatory authority over a variety of products (including food, drugs, medical devices, dietary supplements, cosmetics, and tobacco products) but as we explained previously, FDA has identified risks associated with the use of CBD in certain products that it does not believe it can effectively manage under its current regulatory authorities.… More

Last week the Maryland Cannabis Administration (MSA) released its draft emergency regulations for the state’s adult-use marijuana market which is set to come online on July 1. The draft regulations are subject to review by the Joint Committee on Administrative, Executive, and Legislative Review (AELR) and do not go into effect until approved by the AELR Committee and printed in the Maryland Register. The approval could come as soon as 10 business days after the AELR received the draft regulations.… More

Minnesota’s Governor has indicated he will sign an adult use cannabis legalization bill. HF 100 (the “Final Bill”) emerged from reconciliation and was passed on May 19th.

The Final Bill combines Minnesota’s existing medical cannabis law with provisions allowing for adult-use cannabis into a single statute.

Previous versions of the bill included a requirement that any applicants who are business entities must have at least 75% of the business owned by Minnesota residents.… More

UPDATE: With Texas’ 88th legislative session having ended on May 29th, Texas will not see an expansion of qualifying conditions for medical cannabis this year. HB1805, which would have amended the Texas Compassionate Use Act to include as qualifying conditions any condition “that causes chronic pain, for which a physician would otherwise prescribe an opioid,” did not pass through the State Senate before the end of the legislative session.… More

New York’s Office of Cannabis Management (“OCM”) posted today updates to its proposed adult-use regulations (the “Revised Regulations”), in advance of a vote of the Cannabis Control Board (the “Board”) to release them for public comment. While these Revised Regulations merely contain amendments to the robust first set of proposed rules (“Prior Draft”), which were previously broken down and discussed in detail by Foley Hoag,… More

Today is April 28, and Texas and Florida both accepted the expected dozens of applications for a limited number of medical cannabis licenses in those respective states. In the background, Kentucky recently legalized medical cannabis, while Delaware will soon welcome adult use sales. It looks increasingly likely both states will follow the example of other capped license jurisdictions and hold merit-based application sweepstakes to award a set number of licenses.… More

Key Takeaways:

1. Amendments to Maryland House Bill (HB) 556, and its companion Senate Bill (SB) 516, provide clarification on essential provisions for persons or entities interested in participating in the cannabis industry in Maryland.
2. Both bills have crossed over and are expected to quickly pass the other chamber, and once a compromise version passes both chambers, it is expected that Governor Wes Moore (D) will sign into law.…

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Significant changes to DC’s medical cannabis program are currently unfolding after the Medical Cannabis Amendment Act of 2022 (MCA) went into effect last month. Previously, DC’s medical cannabis program licensed dispensaries, cultivation centers and testing laboratories, but there has been a proliferation of unlicensed establishments that take advantage of a loophole in the current laws. So-called “gifting” shops do not sell cannabis, but instead the shops sell common goods like art and clothing and give “gifts” of cannabis.… More

The only guarantees in life are death, taxes, and cannabis lawsuits, and New York is no different. In a cannabis marketplace plagued by fits and starts, the New York Cannabis Control Board (“CCB”) Office of Cannabis Management (“OCM”) have been joined to another lawsuit alleging that its actions to date are ultra vires.

The Coalition for Access to Regulated and Safe Cannabis, an unincorporated trade association consisting of Registered Organizations (vertically integrated medical cannabis permit holders),… More

• Recently introduced Maryland House Bill 556 contains essential provisions for persons or entities interested in participating in the cannabis industry in Maryland.
• On or before July 1, 2023, all current medical cannabis licensees in Maryland would be allowed to convert their licenses to medical and adult use.
• There would be a limited number of several types of new licenses issued.
• The first round of licensing,…

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