Category: January 2020

CBD and the FDA – What Should the Hemp Industry Expect?

Rod Kight writes, “This is one of the most common questions I am asked as an attorney representing businesses in the cannabis industry. The answer is perhaps more complex than it should be and depends on a number of factors, including what is meant by “legal” and, if selling CBD to consumers, how and where it is intended to be marketed.”

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Bankruptcy Protection Continues to Elude the Cannabis Industry

 Due mainly to legal reforms at the state level, 2019 legal cannabis sales are expected to generate over $10 billion in revenue. Products ranging from buds, oils, and tinctures are increasingly being used medicinally to treat chronic pain, cancer, terminal illness, and some stress-related mental disorders. Recreational use is becoming legal in a growing number of states.

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What’s Going on with the FDA’s Stance on CBD?

Late last month, the FDA released a consumer update on products containing cannabis or cannabis derivatives. It’s unclear to me what the FDA is saying. Do they have studies to indicate that CBD is toxic? Are they using the same argument they used back in 2014, that hemp derivatives are adulterants? Or is it simply a language issue – that because CBD is not on an approved ingredient list, it’s considered an adulterant by default. We need clarity.

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Allen & Overy: German courts confirm sales bans on CBD containing food

In Germany, the regional/district authorities are responsible for monitoring and assessing the marketability of food and issuing sales bans. Accordingly, CBD products might be restricted to varying degrees in the individual federal states. However, the Federal Office of Consumer Protection and Food Safety (BVL) also states that CBD is not marketable in food in Germany without an authorisation. In addition, the German Federal Government seems to support the decision of the European Commission to mark CBD as novel food in the EU Novel Food Catalogue.

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Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Elvin Rodríguez Fabilena


Julie Godard
Carl L Rowley -Thompson Coburn LLP

Jerry Chesler – Chesler Consulting

Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

William Bogot – Fox Rothschild

Valerio Romano, Attorney – VGR Law Firm, PC

Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild