Category: General

Posted on by Duane Morris

Cannabis and COVID-19: Where Does America Go From Here?

Duane Morris is sponsoring an Advance 360 Cannabis Insider Live Online webinar, “Cannabis and COVID-19: Where Does America Go From Here?” to be held on Wednesday, May 13, 2020, at 1:00 p.m. Eastern time and 10:00 a.m. Pacific time.

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About the Program

Advance 360 Cannabis Insider Live Online presented by Duane Morris LLP and hosted by NJ Cannabis Insider editor Justin Zaremba, is a highly focused, information-driven talk designed to engage audiences about the most pressing concerns and challenges communities face as the state and federal government navigate the Covid-19 crisis.

News remains fluid day by day in these uncertain times. That said, there has been some progress in the cannabis space out of sheer necessity: curbside pickup and home delivery in some markets to aid medical marijuana patients. A renewed call to allow patients to grow their own weed and telemedicine are also at the forefront of possible changes, especially as the country remains in lockdown. Research for medical cannabis applications, lab testing for reliable and quality medicine and CBD and a resurgent hemp industry are also making strides, despite a stalled economy.​

Can a federally legal cannabis industry help rescue the economy as we enter into what might be one of the worst recessions since the Great Depression? Some analysts believe it will be similar to the way the end of alcohol prohibition boosted the country’s economy at the end of the Great Depression.​

Featured Speaker

  • Earl Blumenauer, United States Congressman

Speakers

  • Karen O’Keefe, Director of State Policies for Marijuana Policy Project
  • Chris Melillo, Senior Vice President of Retail Operations for Curaleaf
  • Katie Neer, Director of Government Affairs for Acreage Holdings and an Associate at Greenberg Traurig
  • Paul P. Josephson, Partner, Duane Morris
  • Joy Beckerman, Hemp Ace International
  • Imani Dawson, Minorities for Medical Marijuana
  • Steve Hoffman, Massachusetts Cannabis Control Commission
Posted on by David E. Landau

Cannabis Industry Ramps Up Efforts to Obtain Covid-19 Financial Assistance

In an April 28th letter authored by the American Trade Association for Cannabis and Hemp (ATACH) and the Policy Center for Public Health and Safety, 24 state-level cannabis trade associations from across the country called on Congress to end the Small Business Administration’s exclusion of cannabis businesses from COVID-19 federal funding relief.

Although a number of states have deemed medical marijuana companies- and in some cases adult use marijuana companies- “essential” businesses, the SBA has excluded them from the Economic Injury Disaster Loans because marijuana is still a prohibited Schedule 1 Controlled Substance. Even worse for the industry, SBA has included ancillary cannabis companies in its prohibition. The cannabis industry is also ineligible for the Paycheck Protection Program and the Employee Retention Credit.

This issue was first flagged by industry groups in early April when they wrote to governors asking them to fill the gap. The industry’s allies in Congress then took up the cause. Almost three dozen members of the U.S. House of Representatives signed a letter to congressional leaders urging that cannabis companies be included in future federal relief packages aimed at stimulating the economy during the COVID-19 outbreak. A group of 10 U.S. senators followed on April 22nd with their own letter urging congressional leaders to include small, state-legal marijuana businesses and ancillary companies in any future coronavirus relief packages. On April 23rd, Reps. Earl Blumenauer and Ed Perlmutter introduced the Emergency Small Business Health and Safety Act which would make cannabis businesses eligible for the SBA programs.

The ATACH letter urges Congress to amend the CARES Act to make cannabis businesses eligible for all available loans tax credits and other pandemic-related assistance. The letter also suggests Congress authorize fixed block grants to each state for non-specific pandemic relief. This would leave it up to the stated to tailor relief efforts and a individual state could make funds available to cannabis businesses.

Posted on by Duane Morris

“Cannabis 303” Webinar Replay Available

A video replay of the webinar “Cannabis 303: Civil Litigation in the Cannabis Industry: An Unavoidable Consequence of a Maturing U.S. Cannabis Market” is available to view.

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Posted on by Duane Morris

“Cannabis 302” Webinar Replay Available

A video replay of the webinar “The Impact of COVID-19 on the California Cannabis Market” is available to view.

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Posted on by Duane Morris

Webinar on the Impact of COVID-19 on the California Cannabis Market

On Friday, April 10, 2020, from 12:30 p.m. to 1:00 p.m. (Pacific time), Duane Morris will be hosting the webinar, “Cannabis 302: The Impact of COVID-19 on the California Cannabis Market.”

Join Tracy Gallegos and Justin A. Santarosa from our Cannabis Industry Group for a discussion on how California cannabis companies are adjusting to the COVID-19 pandemic by way of operational changes, such as increasing curbside and home delivery and seeking alternative sources of revenue, while responding to lease issues in relation to various eviction moratoriums and other matters.

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Posted on by Duane Morris

A Cannabidiol Catalyst? Recent Events Increase Pressure on FDA to Regulate CBD

By Justin M.L. Stern and Frederick R. Ball

For consumers, the widespread availability of products containing cannabidiol (CBD) is old news. But for those in the cannabis industry—and in particular, those monitoring applicable regulatory developments—the state of CBD remains largely in flux and continues to be marred by uncertainty.

Under the 2018 Farm Bill, the U.S. Food and Drug Administration (FDA) retained its regulatory authority over products derived from hemp, including CBD incorporated into products it traditionally regulates, such as food, dietary supplements, and cosmetics. Unfortunately for the industry, FDA has yet to propose or issue formal regulations concerning the manufacture, distribution, or sale of such products. At the same time, FDA has issued numerous warning letters to producers and retailers incorporating CBD into products operating in the complex gray area between state and federal law. Nevertheless, recent events occurring across all three federal branches of government may reflect an impetus for change in FDA’s approach to CBD products.

To read the full article, please visit the FDLI website.

Posted on by Duane Morris

The Next Cannabis? Patent Protection for Psychedelic Therapeutics

Gretchen L. Temeles authored the article, “The Next Cannabis? Patent Protection for Psychedelic Therapeutics,” for The Legal Intelligencer.

Dr. Temeles writes:

Along with cannabis, the Controlled Substances Act of 1970 designated many psychedelic compounds as Schedule I controlled substances. Schedule I controlled substances are considered to have no legitimate medical use and their possession and sale is illegal under U.S. federal law. Recent efforts to legalize psychedelics have followed in the wake of legalization of medical and recreational cannabis by multiple states. In the last two years, Denver, Colorado, and Oakland and Santa Cruz, California, decriminalized possession of psilocybin-containing mushrooms and/or plants having psychedelic properties. In February 2020, the Washington, D.C., Board of Elections decided to advance an initiative to decriminalize possession of any plant or fungus containing psilocybin and other psychedelic compounds. At the same time, scientific researchers have been looking at old research in a new light. The FDA has even shown willingness to support approval of psychedelic therapeutics. The renewed interest in psychedelics has spawned an increase in commercial activity and an increase in the number of patent applications and granted patents covering psychedelics.

To read the full article, visit the Duane Morris website.

Posted on by Duane Morris

Will Cannabis Workers Be Eligible for Coronavirus Unemployment Benefits?

[…] With so many out of work and many more likely joining them in the coming weeks, Americans are looking to Washington D.C. to provide a lifeline. One bill, the Families First Coronavirus Response Act (FFCRA), has already been signed into law by President Trump. This provides $1 billion in additional funds for states to direct toward bolstering their unemployment insurance programs.

Lawmakers on Capitol Hill have been working to pass additional relief legislation—but when it comes to the federal government and the cannabis industry, the relationship is not usually cozy. Will those relief funds find their way to cannabis workers who are out of work due to the coronavirus pandemic?

“Given that marijuana remains an unlawful substance under Schedule I of the Controlled Substances Act, there has been concern that the relief under the FFCRA would not be available to cannabis businesses and, therefore, would not be available to support cannabis workers,” Linda Hollinshead, an attorney and Partner at Duane Morris LLP told mg.

[…]

“The law provides that any administrative grants transferred to the account of a state may be used ‘by such State only for the administration of its unemployment compensation law,’ suggesting that the money is being provided to support a state’s program, and that the federal government will not dictate how it is spent or what industries will be recipients of those grants,” Hollinshead said. “As a result, it does not appear that the additional availability of these federal funds under the FFCRA jeopardizes an individual’s ability to have access to state unemployment benefits.”

[…]

To read the full article, visit the mg Magazine website.

Posted on by Duane Morris

Self-Help: How State-Legal Cannabis Operators Can Respond to the Vaping Crisis

Over the last decade, there has been a remarkably swift rise in the popularity of vaporizers and vaping products. As reported by the BBC, the number of people using vaporizers increased from 7 million in 2011 to over 41 million in 2018. But in 2019, consumers began suffering from a rash of vaping-related lung injuries—according to the Centers for Disease Control and Prevention, as of February 18, 2020, there have been approximately 2,807 vaping-related injuries in the United States, occurring in all 50 states.

Highly publicized reports of these injuries raised serious concerns among the public and policymakers and threatened to halt the explosive growth of the vaping industry. State governments across the country issued emergency rules and executive orders to ban some, or all, vaporizer products. Even as courts issued injunctions prohibiting these bans from taking effect, more states moved forward with bans of their own. Within a few months states as diverse as Washington, Oregon, Montana, Michigan, Rhode Island, Massachusetts and New York had instituted some version of a vaporizer ban, mostly targeted at the highly popular flavored e-liquids.

To read the full article, visit the Duane Morris website.

Posted on by Duane Morris

“Cannabis 301” Webinar Replay Available

A video replay of the webinar “Cannabis Crisis Communications” is available to view.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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