The Cannabis Law and Policy Update provides news, discussion on relevant legal issues, and highlights on emerging trends in New England cannabis law as presented by the attorneys in Preti Flaherty's Cannabis Business practice group.
The information contained on this blog is provided only as general information for education purposes, and blog topics may or may not be updated subsequent to their initial posting.
By viewing this blog, you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog should not be used as a substitute for competent legal advice from a licensed attorney in your state.
Recent Blog Posts
- FDA Official Suggests that CBD will be banned from foods for the foreseeable future We’re tracking statements from the FDA regarding CBD in food. With state policy fluctuating so wildly on this issue and often attempting to mimic federal laws, the FDA’s evolving position on CBD is important. So it’s notable that earlier this week a member of the FDA’s cannabinoid working group, Lowell Schiller, reaffirmed the FDA position that “under current law, it’s unlawful to sell a food... More
- Draft Marijuana Licensing Rules Released for City of Portland As local readers likely know, Portland completed its zoning regulations for marijuana stores last February. But at the time, the City deferred on a number of decisions such as what stores will be allowed to sell, and what criteria will need to be met to be able to open a retail store. Now the City has taken a big step toward answering those questions. The City released draft licensing rules last... More
- The Conundrum of Encouraging the Growth of Hemp and Marijuana, While Avoiding Cross-Contamination Mjbizdaily.com reported earlier this week that the State of Washington has eliminated a law requiring a 4-mile buffer between outdoor marijuana and hemp farms. This requirement was a substantial barrier to the state’s hemp industry, and its elimination will open significant tracts to potential hemp farming in Washington. But the whole point of this buffer, originally, was to prevent... More
- Maine Takes Another Step Toward Becoming a Marijuana Tourism Destination—But Are We Moving Fast Enough? Maine’s cannabis tourism program might be hitting its stride. The Office of Marijuana Policy has reached “instant reciprocity” arrangements with 23 states which allow medical cannabis patients from those states to also use their patient cards in Maine. Here’s the announcement from the OMP. Consistent with state law, the visiting qualifying patient can purchase up to 2.5 oz of medical marijuana... More
- Is This the Beginning of Another Maine Crackdown on CBD? Maine regulators are going after CBD food products again, it appears. Inspectors from the Department of Agriculture, Conservation and Forestry have been handing out the letter pasted below to retailers and others in Maine over the past week. According to these "guidelines," the State is interpreting LD 630 to require that any CBD edibles contain CBD derived from Maine-grown hemp. Given the... More
- Congress Takes Another Step Toward Reforming U.S. Cannabis Laws. A Good Sign for the SAFE Banking Act? Yesterday the U.S. House of Representatives, Committee on the Judiciary held a first-ever hearing which, essentially, advocated for significant reforms of our nation’s marijuana laws. The hearing was titled "Marijuana Laws in America: Racial Justice and the Need for Reform," and you can watch it on YouTube here, if that’s the sort of thing you’re into. At least a majority of the committee... More
- CBD Largely Banned in NYC New York City is nine days into a CBD prohibition. Straight from the NYC Health Department website: “As of July 1, 2019, the Health Department is embargoing food and drink products that contain CBD – the products will have to be returned to the supplier or discarded.” And beginning October 1, 2019, NYC will begin fining retailers and food service establishments that sell CBD products. With... More
- Rulemaking for manufacturing facilities is ongoing, and this has us looking forward to long-awaited testing rules Many of you have probably seen the Proposed Rules: Marijuana Manufacturing Facilities from the Office of Marijuana Policy. In case you missed it, the public hearing is next Monday, July 8 at 8am in Augusta. And the comment deadline for these rules is July 18. The rules are fairly technical, and I’m guessing that any comments will be fewer and less impassioned than the comments to the... More
- Supreme Court Decision Casts Further Doubt on Constitutionality of Residency Requirements, Like the One in Maine’s Adult Use Marijuana Laws The U.S. Supreme Court, today, issued a decision which seems to support the argument that the residency requirements in Maine’s marijuana laws are unconstitutional. In Tennessee Wine and Spirits Retailers Assn. v. Thomas the Court considered a Tennessee law requiring that an individual must have been a resident of the state for the previous two years in order to obtain a license to operate a... More
- The FDA Thinks There “May Be” Some Products That Add CBD to Food – What Are They Gonna Do About It? Last week, the FDA made yet another effort to clarify the status of CBD under federal law with a “What you need to know” webpage. The FDA continues to state that, aside from Epidiolex, it “has not approved any other CBD products.” Yet, the FDA acknowledges, in what may be the understatement of the century, that “we are aware that there may be some products on the market that add CBD to a food.... More
- VLA Committee Recommends Changes to Adult Use Rules The adult use rules necessary to launch Maine’s new market are still winding their way through the legislature, but they’ve been voted out of committee with a number of changes, and should be sent along (in one form or another) to the Governor in the next couple days. The majority report from the Veterans and Legal Affairs Committee contains the changes to the rules and some related changes to... More
- But, We May Have More Dispensaries and More (Legal) Cannabis Growing in New Hampshire Last time: No Recreational Cannabis This Year and No New “Alternative Treatment Center” Licenses However . . . Even though the Senate killed the effort to add additional licenses, it has passed legislation (HB 335) that provides DHHS with authority to allow current license holders operating ATCs to open a second dispensary location within their geographic licensed areas. The opening of a... More
- No Recreational Cannabis in New Hampshire This Year, and No New “Alternative Treatment Center” Licenses There will be no legalization of recreational cannabis in New Hampshire this year. That is the story of the legislative session as the House and Senate wind down their sessions this month. Nevertheless, there are still a number of cannabis-bills headed to the Governor’s desk. The chances were unlikely that recreational cannabis would be legalized in New Hampshire this year, particularly... More
- The Maine Office of Marijuana Policy Re-formats/Changes (?) Residency Requirements in Response to Rulemaking Comments The OMP released provisional adult use marijuana rules late yesterday. These rules are majorly substantive, so they are now headed to the legislature. It seems likely that the Veterans and Legal Affairs Committee will hold its public hearing on these rules as early as Monday next week. While there’s a lot to unpack in this newest iteration of the OMP rules, I’ll focus briefly on the... More
- The Latest USDA Guidance on Hemp Law The United States Department of Agriculture (USDA) Office of General Counsel issued some guidance last week on its view of the current legal status of hemp. The takeaways are: Hemp is no longer a Schedule I Controlled Substance under federal law. At the moment, states cannot prohibit the interstate transport of hemp (or hemp products) lawfully produced under the 2014 Farm Bill. Why the 2014... More