Cannabis Law & Policy

Legal trends and analysis of the growing cannabis industry

Jul 31, 2019

State AGs Call on FDA to Take Larger Role in Regulating Cannabis Marketing

A coalition of 37 attorneys general, as the primary enforcers of their respective state consumer protection laws, has called on the Food and Drug Administration (“FDA”) to help protect consumers from false advertising and potential harms from products containing cannabis and cannabis-derived compounds. In a public comment filed with the FDA, the attorneys general emphasized the need for more research [...]

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Jul 24, 2019

Ohio Legislature Decriminalizes Hemp and CBD Products

The Ohio General Assembly passed Senate Bill 57 (“SB 57”) last week, decriminalizing hemp and instituting a legal framework for hemp licensing and cultivation.  SB 57 also allows retailers to sell hemp-derived products such as cannabidiol (“CBD”) and removes CBD from the state’s controlled substance list. SB 57 is currently pending before Governor Mike DeWine and will go into effect [...]

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Jun 20, 2019

Statistics Show an Underrepresentation of Ohio Minorities in Marijuana Businesses

The Columbus Dispatch recently reported that racial minorities are underrepresented in Ohio’s burgeoning medical marijuana industry.  As Ohio’s medical marijuana program progresses, there is growing concern among advocates and industry insiders that racial minorities will be under-represented in marijuana businesses. Currently, racial minorities hold 9 of the 56 dispensary provisional licenses, 2 of 29 cultivation provisional licenses, and none of [...]

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Jun 13, 2019

FTC and FDA Turn a Sharp Eye Toward Social Media Marketing

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 [...]

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Jun 11, 2019

Seeing Through the Smokescreen: Discerning the Legal Status of CBD

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 [...]

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May 14, 2019

M&S WEBINAR: Consumer Protection Compliance for Ohio’s Medical Marijuana Businesses

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 [...]

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Apr 11, 2019

Old Consumer Protection Standards Applied to New CBD Products

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 [...]

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Mar 14, 2019

Proposed Rule Changes Submitted for Ohio’s Medical Marijuana Program

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 [...]

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Feb 13, 2019

Consumer Protection in the Marijuana Space: Keeping Advertising & Marketing Compliant

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 [...]

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Dec 24, 2018

End of an Era: Farm Bill Legalizes Hemp Cultivation and Production

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 [...]

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