Insights on Cannabis

The United States Trademark Trial and Appeal Board (TTAB) recently affirmed a refusal to register a trademark for “hemp oil extracts” when used as an ingredient in dietary supplements.

Massachusetts retail recreational cannabis establishments reopened on May 25, 2020, for curbside delivery after Governor Charles Baker ordered a phased reopening of state businesses. 

The new bill, which follows April 23, 2020 legislation aimed at opening COVID-19 emergency response funding to cannabis businesses, offers a previously unclear path forward for financial services to the cannabis industry by amending the current restrictive regulatory framework on banking.

On April 23, 2019, US Representative Earl Blumenauer (D-OR) introduced HR 6022, the “Emergency Cannabis Small Business Health and Safety Act” in the House Committee on Small Business to extend federal COVID-19 relief to the cannabis industry.

On March 23, 2020, the US Drug Enforcement Administration (DEA) issued a proposed rule that, if finalized, would establish processes by which individuals and entities could apply to DEA to lawfully grow marijuana.

COVID-19 has upended operations for licensed Massachusetts recreational and medical cannabis businesses. Recreational cannabis has been shut down for the time being. Medical cannabis continues, but with temporary new rules in place. 

In March 2020, FDA Associate Emily Leongini was quoted in Hemp Industry Daily regarding statements made by the Commissioner of the US Food and Drug Administration, Dr. Stephen Hahn regarding CBD.

California’s Office of Environmental Health Hazard Assessment recently added Δ9-tetrahydrocannabinol (THC) and “cannabis (marijuana) smoke” to the list of chemicals known to the state of California to cause reproductive toxicity, with an effective date of January 3, 2020.   

AF International Co-Leader and Litigation Partner Malcolm McNeil was recently quoted in Marijuana Business Magazine in an article titled “Cash Cow”. The article addresses the current trend of large multistate marijuana companies wanting to turn their real estate into quick cash, providing a valuable

As more states take steps to legalize cannabidiol (CBD) and marijuana, there are many outstanding questions for potential landlords of cannabis-related businesses.

While the latest guidance on regulating financial services for hemp businesses may feel like a turning point, current banking regulations will likely continue to inhibit hemp businesses from integrating into the mainstream financial system.

On January 10, 2020, California Governor Gavin Newsom submitted his 2020-21 State Budget proposal, which includes key changes that would affect the cannabis industry, such as consolidating the three State licensing agencies.

Partner Julie Stahr was quoted on the Illinois Cannabis Regulation and Tax Act, which legalized and regulated the production, sale, and consumption of cannabis in the state of Illinois.

On December 19, 2019, EPA granted the first approvals for the use of crop protection products—nine biopesticides and one conventional pesticide—on hemp, providing a new set of crop protection tools for hemp farmers in time for the 2020 growing season. 

Food, Drug, Medical Device & Cosmetic attorney Emily Leongini will present at Q1 Production’s 7th Annual Food Labeling Regulatory Compliance Conference in February.

On October 31, 2019, the US Department of Agriculture (USDA) published its eagerly anticipated interim final rule governing the domestic production of hemp, pursuant to the Agriculture Improvement Act of 2018 (commonly referred to as the 2018 Farm Bill).

Arent Fox Associate Emily Leongini was quoted in the Marijuana Business Magazine article, “Protecting Your Company in a Crisis,” published on November 1, 2019.

On October 18, Arent Fox’s New York office will host a one-of-a-kind event on behalf of the New York State Bar Association that focuses on the intersection of FDA and sports law.

With the news media covering the link between marijuana vaping, deaths, and lung conditions, California’s push to add THC to the Proposition 65 harmful chemicals list could mean financial, legal, and reputational challenges for cannabis businesses.

Arent Fox Associate Emily Leongini was quoted in the Marijuana Business Daily article, “FDA discloses criminal probe into vaping health crisis, putting added scrutiny on cannabis industry,” published on September 19, 2019.

Arent Fox Associate Emily Leongini was quoted in the Hemp Industry Daily article, “Four takeaways from the latest round of federal CBD warning letters,” published on September 12, 2019.

Arent Fox Cannabis Attorney John Malone will be speaking on the panel, “Navigating the US Regulatory, Compliance, and Tax Landscape,” on July 23, 2019 at the 2019 National Cannabis Industry Association 2019 Cannabis Business Summit and CannaVest West Conference at the San Jose Convention Center.

Arent Fox Associate Emily Leongini was quoted in the Hemp Industry Daily article, “Restaurant CBD sales are booming, but new liability concerns keep cannabis producers from cashing in,” published on June 10, 2019.

Arent Fox Associate Emily Leongini was quoted in the Atlanta Journal-Constitution article, “Confusion continues over the legality of CBD products,” published on May 31, 2019.

Arent Fox Associate Emily Leongini was quoted in the Hemp Industry Daily article, “Five things CBD insiders are looking for from the FDA,” published on May 21, 2019.