The 89th Legislative Session in Texas officially began on January 14, 2025, and one of the hottest topics during this session is Senate Bill (SB) 3, which proposes to ban all forms of consumable THC in Texas. According to Texas Lieutenant Governor Dan Patrick, SB 3, carried by Senator Charles Perry (R – Lubbock), is intended to prevent the sale of products that, on the surface, appear to be compliant with federal law as they are purportedly hemp products, but in reality are oftentimes manufactured in such a way that resulting THC concentrations are higher than cannabis products sold in state-licensed retail dispensaries. Importantly, recreational cannabis use remains illegal in Texas, but is legal for medicinal use with a physician’s prescription through the state’s Compassionate Use Program.
Continue reading “Is Delta-8 Going Away in Texas?”Time for a Cannabis Update
Duane Morris partners Neville Bilimoria and Seth Goldberg were quoted in an article in Chicago Lawyer magazine discussing legal issues related to the recent spate of vaping-related illnesses and deaths. Read our partners’ thought leadership on the Duane Morris website or the full article on the Chicago Lawyer website (subscription required).
U.S. Senators Urge Changes to Testing Requirements Under USDA Interim Final Rule for Hemp Program
When the United States Department of Agriculture released the interim final rule for the hemp program in October 2019, many stakeholders—including businesses and state agencies—were caught off guard by certain testing-related requirements contained in the rule. Because hemp is now legal under the 2018 Farm Bill if it contains no more than 0.3 percent THC concentration, testing for THC levels is critical. However, significant questions and issues with the testing requirements must be clarified.
On November 20, 2019, Senators Ron Wyden and Jeff Merkley, both from the state of Oregon, submitted a letter to the secretary of the USDA, in which they flagged—“in no particular order”—five controversial testing-related requirements and requested modifications to those requirements. Below, we have summarized the senators’ concerns and proposed solutions to three particularly controversial testing-related requirements in the interim final rule.
FDA Announces Its Next Steps for Cannabis Products
With the enactment of the Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill), hemp-derived CBD appeared to be on the table for marketing all across the country. However, the U.S. Food and Drug Administration’s (FDA) press release issued that same day put a hold on the jubilation, stating that FDA considered any and all cannabis-containing or cannabis-derived products as drug products and not food or dietary supplements, regardless of whether the CBD was hemp-derived.
On April 2, 2019, departing FDA Commissioner Scott Gottlieb issued a statement about FDA’s next steps to advance a regulatory pathway for cannabis-containing and cannabis-derived products. At the same time FDA updated its cannabis-containing products and cannabis-derived products Q&A. It is clear that, at this point, FDA has not changed its position.