In a move that businesses producing and selling marijuana and CBD products should be paying close attention to, the Federal Trade Commission (“FTC”) and Food & Drug Administration (“FDA”) recently sent joint warning letters to four sellers of nicotine-laced e-liquids regarding their social media marketing practices. At issue? The information, or rather, lack thereof, shared in social media posts advertising [...]
Despite the growing legality of marijuana in states across the country, marijuana-derived products such as cannabidiol remain in a legal grey area. Cannabidiol (“CBD”) is a naturally occurring cannabinoid compound found in the marijuana plant. Unlike THC, the compound most typically associated with the marijuana plant, CBD generally does not cause users to experience psychoactive effects and may contain neurorestorative [...]
How do I ensure my business is complying with state and federal consumer protection laws? What happens if I break the rules? Can my license be revoked? How can I tell when my advertising crosses the line from “creative” to “deceptive?” Can I really be held liable for my vendors’ violations? Join members of Mac Murray & Shuster’s Medical Marijuana Law [...]
Cannabidiol (more commonly known as CBD) products may be new, but federal regulators are still applying a decades-old tenet of consumer protection law to their sale: you must be able to substantiate a product claim before you make it. State attorneys general also apply a similar enforcement standard under their Unfair and Deceptive Acts and Practices (UDAP) laws. Recently, the [...]
Since its launch in January, Ohio’s medical marijuana program is off to a strong start. With more than $1.5 million in product sales as of early March, exponential growth is expected as more marijuana-based businesses open their doors in the coming months. Amid such promising growth, the Ohio Department of Commerce Medical Marijuana Control Program (MMCP) has submitted a set [...]
The last decade has witnessed a dramatic increase in consumer protection legislation and activity across industries and across the country. To date, all 50 states have enacted consumer protection laws prohibiting unfair or deceptive acts and practices likely to mislead consumers. Recent cases brought by state attorneys general have achieved historic settlements and, due to the hefty and cumulative fines [...]
On January 16, 2019, Ohio’s Medical Marijuana Control Program formally launched with the official opening of the first dispensaries in Wintersville, Canton, and Sandusky. Years in the making, Ohio’s program provides alternative medical treatment to qualifying patients but also raises serious questions for employers on how to deal with employees who qualify for use. Conflicting federal and state laws as [...]
On Thursday, December 20, President Trump signed into effect The Hemp Farming Act of 2018, a corollary to the 2018 Farm Bill, legalizing hemp cultivation and production throughout the United States. The passage of The Hemp Farming Act represents the most significant shift in Federal legislative policy towards marijuana since adoption of the Rohrbacher-Farr amendment in 2001, which prevented the [...]
Ohio has taken a major step toward full implementation of the Ohio Medical Marijuana Control Program by officially opening enrollment for qualifying individuals to register as patients or caregivers. On December 3, 2018, Ohio launched the medical marijuana registry for use by participating physicians. Physicians with state approval to recommend medical marijuana first enter patient and caregiver information into the [...]
Over the past two years Ohio legislators have undertaken rapid efforts to mobilize a comprehensive regulatory regime to tackle the issue of medical marijuana. The goal was to draw upon the best aspects of other states’ systems while avoiding their errors, and establish a unique “seed to stem” tracking system providing for complete accountability and oversight of the entire marijuana [...]
