Category Archives: Hemp

Massachusetts Cannabis Control Commission Issues Draft Guidance on Hemp; Public Comments Accepted Through December 15

On November 23, 2021, the Massachusetts Cannabis Control Commission (CCC) released Draft Guidance on Hemp (Draft Guidance).

Pursuant to a 2020 amendment, adult-use cannabis establishments licensed by the CCC are permitted to cultivate, manufacture, and sell hemp products. This amendment did not give the CCC the authority to regulate hemp or hemp products—that authority remains with the Massachusetts Department of Agricultural Resources, the Massachusetts Department of Public Health,… More

The New Normal: Another Round of Competitive State License Applications Released

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

Steps FDA Can Take to Expedite Marketing CBD in Food and Dietary Supplements

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

Watch: IP and Advertising Basics for Cannabis Companies

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,…
  • More

Massachusetts Clarifies Law on Hemp and CBD Sales

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.…
  • More