In the Weeds – Cannabis Law blog

https://cannabislaw.foxrothschild.com/

Joe is a frequent contributor to In the Weeds, a blog that aims to help keep today’s cannabis entrepreneur well-informed.

Recent Blog Posts

  • SBA Announces that Cannabis Businesses Will Not be Eligible for Economic Injury Disaster Loans On March 23, the federal Small Business Administration (SBA) stated that cannabis businesses will not be eligible for loans under its Economic Injury Disaster Loan (EIDL) Program, despite expanding the program in response to COVID-19 (Coronavirus). However, the SBA noted that businesses that produce or sell hemp and hemp-derived products may apply for such loans. An EIDL can provide low-interest financial assistance to a business that suffers substantial economic harm as a result of a federally-declared disaster. In the Coronavirus Preparedness... More
  • New Jersey and Pennsylvania Medical Marijuana Dispensaries Remain Open Despite Other Business Closures In recent days, the Governors of both New Jersey and Pennsylvania have ordered the closure of certain businesses deemed non-essential as part of each state’s COVID-19 mitigation efforts. Further guidance from both states has made clear that medical marijuana dispensaries are deemed essential businesses and can remain open until further notice. The official within New Jersey Department of Health who oversees the program confirmed last week that all dispensaries in the state will remain open. In Pennsylvania, Governor Wolf’s announcement indicated... More
  • Industry and Consumers Still Waiting on Regulations Governing Products Containing Hemp-Derived CBD Although consumer appetite for CBD-containing products continues to grow, and the market for such products correspondingly expands, 2020 may be another year in which the regulatory roadmap remains unsettled. On one hand, legal hemp production is is expected to increase, as the USDA is in the process of reviewing hemp production plans submitted by various States and Tribes authorized under the 2018 Farm Bill. Furthermore, a majority of states now allow the use of CBD, and a new bipartisan bill,... More
  • Fox’s Cannabis Law Group Lauded as “Practice Group of the Year” Throughout 2019, our Cannabis Law Group has helped guide and structure deals worth more than $2 billion, facilitated industry-shaping mergers and acquisitions and served as regulatory strategists to lawmakers in preparation for the far-reaching changes that come with legalizing medical and recreational cannabis. Responding to the evolving needs of businesses in the legalized cannabis industry, the group publishes several valuable resources: two state-by-state surveys of marijuana laws – a National Survey on Marijuana Laws and Regulations and a National Survey on... More
  • Fox Rothschild Publishes National Survey on “Marijuana in the Workplace” This blog typically focuses on legal issues and developments affecting stakeholders operating within the cannabis industry. However, the legal dichotomy surrounding cannabis (i.e. federal law defines”marijuana” as an illegal controlled substance, but more than 30 states have legalized medical marijuana and about a dozen jurisdictions have legalized marijuana for recreational or “adult use”) also presents challenges for other industries and business. Some of the most common and difficult of these challenges are those faced by businesses seeking to craft employment policies... More
  • Cannabis Franchising: Opportunities and Legal Perils Franchising is an emerging issue for operators in the cannabis industry, both for companies that voluntary adopt the franchise model to expand their business, and for those who may find they have become an “accidental franchise.” Fox Rothschild attorneys Eleanor Vaida Gerhards and Matthew R. Kittay have authored a primer that explores both ends of this spectrum, outlining the benefits of the franchise model for cannabis operators as well as strategies to avoid falling into the accidental or inadvertent franchise trap. To learn... More
  • FDA Continues Enforcement Efforts Against the Marketing and Sale of CBD Products As has been reported here and all over, the passage of the 2018 Farm Bill has led to a massive boom in the sale and marketing of products containing Cannabidiol (CBD). Indeed, everywhere from your local grocery store to hip, big-city smoothie shop now carry an array of products infused with CBD. Although the 2018 Farm Bill did remove the federal prohibition on the manufacture and sale of hemp–and by extension, hemp-derived CBD–the U.S. Food and Drug Administration (FDA) quickly stepped in to... More
  • USDA Releases Interim Hemp Production Regulations In December 2018, Congress passed the 2018 Farm Bill. While Congressional passage of the “Farm Bill” is a relatively regular occurrence, the latest iteration had big implications for the Hemp Industry, because of a provision of the bill which removed hemp from the definition of “marijuana” under the Controlled Substances Act. While this opened up the market for US-based hemp producers, many questions still remained about federal regulation of hemp and the hemp industry. After several months of waiting, the United States... More
  • CA Cannabis Companies With 20+ Employees Must Certify They Have “Labor Peace” Over at Fox Rothschild’s California Employment Law Blog, my colleague Jeff Polsky wrote about a new law requiring California cannabis companies with 20+ employees to enter into a “labor peace agreement” with a “bona fide labor organization.” Jeff is co-chair of the Fox Rothschild’s Labor and Employment Department, and frequently writes and speaks about developing legal issues and challenges affecting California employers. To learn about the implications of the California cannabis “labor peace” requirement (which goes into effect on January 1, 2020), read... More
  • Pennsylvania Adds Anxiety & Tourette Syndrome as “Serious Medical Conditions” under the PA Medical Marijuana Act Back in May, I blogged about a recommendation from the Pennsylvania Medical Marijuana Advisory Board to add Anxiety and Tourette Syndrome as “serious medical conditions” covered under the Pennsylvania Medical Marijuana Act. At the time, the Department of Health (DOH) stated a decision on whether to formally approve this recommendation would be made by this Summer, and the Department kept this deadline. On July 11, 2019, the Secretary of DOH, Dr. Rachel Levine, announced that the two will be approved as... More