As one might expect from the title “Federal Food, Drug, and Cosmetic Act,” the Food and Drug Administration (“FDA”) has broad authority.
Since the approval of the drug EPIDIOLEX® CV, which has cannabidiol (“CBD”) as an active ingredient, the FDA has taken the position that some products containing CBD are unapproved drugs or unapproved dietary supplements.» Read More
The hemp plant reportedly has over 20,000 different uses, from rope and cloth, to building materials, to medicine, and much more. Despite hemp’s unique versatility, it currently gets the most attention for a single distillate: CBD.
Under the 2018 Farm Bill, CBD derived from industrial hemp falls outside the Controlled Substances Act, but CBD-infused food and beverages and dietary supplements must still comply with the Food, Drug, and Cosmetic Act and are subject to the authority of the FDA. » Read More
This is an exciting time for cannabis law, and multitudes of individuals and businesses are finding themselves interested in or working with cannabis-related business issues. From the purchase and sale of CBD, to the expansion of medical marijuana programs across the country, to the constant discussions and rumors swirling around pending or anticipated legislation, this truly is an interesting time to be involved in the cannabis industry.» Read More
Cannabidiol, a cannabinoid found in the cannabis plant, more commonly known as “CBD” (or what sellers are claiming to be CBD) can be found everywhere – on the Internet and social media, and at wellness centers, grocery stores, pharmacies, and convenience stores. » Read More
As already discussed in my earlier blog post here, patentability of cannabis-related inventions is well-settled, as the USPTO has been granting this type of patents for decades. As the FDA begins approving cannabis-based drug products, patent owners in this market space should pay careful attention to the interplay between FDA regulations and patents.» Read More
So, you’re considering applying for a marijuana retail license after the recreational adult use law is passed in New Jersey. The current version of Senate Bill No. 2703 (August 30, 2018) has several conditions that an applicant for a marijuana retail license must meet in order to have any chance of its application being approved.» Read More
Cannabis is trending in the beauty and wellness industry. More and more companies are infusing hempseed oil and CBD derived from hemp in salves, lotions, creams, oils, extracts, and lip balms, among other products. Although the industry is taking off, the legal framework lags behind the expansion of the industry and broad acceptance of consumers to purchase these products. » Read More
In advance of the anticipated state legalization of recreational adult use marijuana, several North Jersey municipalities plan to adopt ordinances banning all marijuana businesses from operating within their borders. The recreational adult use marijuana bills currently being debated, which could be signed into law as early as this fall, empower local governments to decide whether they want to allow marijuana businesses to operate in their communities.» Read More