Recent Posts
Blog Post
04/16/2021
By Jonathan A. Havens and Ruth A. Rauls and Matthew J. Smith

New Jersey’s Cannabis Regulatory Commission (CRC) has been fully appointed and held its first meeting on April 12, 2021. Now it gets to work on setting up all aspects of New Jersey’s newly created adult-use market and overseeing New Jersey’s existing medical cannabis program. This includes, among other things, issuing regulations and handling all aspects of licensing and permitting. Read our cannabis group's most recent alert inside.

Blog Post
12/23/2020
By Ruth A. Rauls

Throughout 2020, Pennsylvania courts issued a series of decisions clarifying employee rights for medical cannabis patients—one related to unemployment compensation and others related to private rights of action under its medical cannabis statute, the Medical Marijuana Act (“MMA”). Under the MMA, individuals with serious medical conditions who may benefit from the use of medical marijuana can obtain prescriptions for it from licensed healthcare providers. Most recently, in Pittsburgh Water and Sewer Authority v. Unemployment Compensation Board of Review, the Pennsylvania Commonwealth Court affirmed a decision by the Unemployment Compensation (“UC”) Board of Review — finding that a former employee who was lawfully using medical marijuana pursuant to the MMA was entitled to UC benefits following termination for a positive drug test. Additionally, both Pennsylvania state and federal courts have issued decisions regarding what type of claims a medical cannabis patient can assert, and under which statute those claims can be asserted.

Blog Post
12/21/2020
By Jonathan A. Havens

On December 18, 2020, just three days after the U.S. Senate adopted the Cannabidiol and Marihuana Research Expansion Act (CMREA or the Act), the U.S. Drug Enforcement Administration (DEA or the Administration) published in the Federal Register a final rule, “Controls To Enhance the Cultivation of Marihuana for Research in the United States” (Rule), which finally paves the way for DEA to issue additional licenses to grow “marihuana” (i.e., cannabis) for research purposes.

Blog Post
12/18/2020
By Jonathan A. Havens

On December 17, 2020, the Federal Trade Commission (FTC or the Commission) announced that it has taken action against six cannabidiol (CBD) brands for allegedly making a wide range of unsubstantiated claims about the ability of the firms’ products to treat serious health conditions (e.g., cancer, heart disease, hypertension, Alzheimer’s disease).  FTC is calling its enforcement sweep “Operation CBDeceit.”

Blog Post
09/15/2020
By David G. Shapiro

The IRS has updated its website providing general guidance for taxpayers in the cannabis industry.The guidance does not announce any changes in law or enforcement but rather serves as a reminder of important limitations and obligations of cannabis companies:

Blog Post
08/21/2020
By Jonathan A. Havens

On August 21, 2020, nearly two years after the passage of the Agriculture Improvement Act of 2018 (2018 Farm Bill), the Drug Enforcement Administration (DEA or the Agency) published an interim final rule that, according to the Agency, “merely conforms DEA’s regulations to the statutory amendments to the CSA [Controlled Substances Act] that have already taken effect.” 

Blog Post
07/24/2020
By Jonathan A. Havens

It has been a busy summer for the cannabis and cannabis-derived products spaces. This month alone, the U.S. Food and Drug Administration (FDA or the Agency): (1) sent to the White House Office of Management and Budget (OMB) for review a “Cannabidiol Enforcement Policy” draft guidance; (2) announced the availability of another draft guidance, “Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research”; and (3) made public its report to Congress, “Sampling Study of the Current Cannabidiol Marketplace to Determine the Extent That Products are Mislabeled or Adulterated.”

Blog Post
05/28/2020
By Kevin M. Levy and Jonathan A. Havens and Kermit J. Nash and Dena B. Calo

While Pennsylvania begins to rebound from the impacts of COVID-19, the restaurant industry across the state will begin to open its doors again for onsite dining. As the state progresses, there are limitations in place for restaurants in each of the reopening phases – red, yellow and green. Click here to learn more about what this might mean for your county or your business.

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