Category Archives: CBD

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

As the number of adult-use states continues to grow—with New York, New Jersey, Connecticut, Rhode Island, and Vermont recently joining the ranks—the scrutiny of cannabis-related advertising has grown with it.  In recent years, state and federal regulators have made it clear that cannabis claims are a priority, especially claims stating or implying a health benefit.  Most of the attention to date has been on CBD products and claims, but as THC products hit the shelves in more and more states,… More

More than two years have passed since hemp-derived cannabidiol (CBD) was legalized in the United States under the Agriculture Improvement Act of 2018 (also known as the “Farm Bill”).

The Food and Drug Administration (FDA) has been exploring  potential regulatory pathways for CBD but it has yet to engage in rulemaking or issue guidance that would provide a clear framework under which FDA could maintain oversight over CBD to ensure that its use in a range of products is safe.… More

The ink is barely dry on the New Jersey ATC and Missouri medical marijuana facility applications that so many of us assembled this August. Yet now, a new round of states have issued applications for competitive cannabis licenses. Below we discuss the qualifications, requirements, deadlines and other relevant information for the Illinois (adult use), Michigan (adult use) and Texas (medical; <.5% THC) applications.

Illinois
Dispensaries

The Illinois Department of Financial and Professional Regulation (“IDFPR”) has posted its application form for conditional adult-use licenses for new dispensing organizations.… More

The U.S. Food and Drug Administration (“FDA”) currently takes the position that cannabidiol (CBD) and other cannibinoids cannot be used in dietary supplements and food because of statutory provisions under the Federal Food, Drug, and Cosmetic Act (“FDCA”) that prohibit the sale of products containing an ingredient treated as a drug or involved in clinical trials. Since CBD was the subject of clinical investigations that led to the approval of the drug Epidiolex® (cannabidiol),… More

Business is booming for cannabis ventures, but the legal landscape for related intellectual property protection and product advertising is rife with complications that demand special consideration, and companies should be paying attention to these issues out of the gate.

Foley Hoag presents a webinar covering a range of topics related to cannabis IP protection and promotion, including:

• Maximizing trademark rights at the federal and state level
• Leveraging copyright as secondary protection for brands
• Cannabis patent basics and strategies
• Advertising best practices and what not to say FDA regulation of cannabis and cannabis-derived products
• CBD,…

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The Massachusetts Department of Agricultural Resources (“MDAR”) and the state’s Department of Health (“DPH”) have issued new guidance on the sale of Hemp and Hemp-derived cannabanoids, (namely, CBD) products in Massachusetts.

The MDAR guidance applies to hemp and hemp-derived products.  It establishes that the follow hemp-derived products can be sold in Massachusetts:

• Hemp seed
• Hemp seed oil
• Hulled hemp
• Hemp seed powder
• Hemp protein
• Clothing
• Building material
• Items made from hemp fiber.…

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