As we discussed previously, a truck driver and his wife brought suit in New York federal court against three companies selling a CBD oil product the trucker claims caused him to fail a drug test and thereby lose his
Continue Reading Judge Denies CBD “No THC” Appeal; CBD False Advertising Lawsuits Continue
Litigation
Ninth Circuit Abstains From Case Involving Interstate Shipment of Hemp
By Kristi Wolff & Lee Baumgardner on
On September 4, 2019, the Ninth Circuit Court of Appeals held that the lower court should have abstained from ruling in Big Sky Scientific LLC v. Idaho State Police and determined that Idaho state court provides a satisfactory venue for…
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Kelley Drye’s CBD Update Webinar
By Kelley Drye on
Join Kelley Drye’s Cannabis Law practice group, including partners Kristi Wolff and Laura van der Meer, and guest speaker Megan Olsen from the Council for Responsible Nutrition, for a detailed look at several relevant CBD topics; including the…
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CBD and False Advertising: Lessons Learned From The Food Court
By Kristi Wolff & Lee Baumgardner on
CBD marketers can learn something from the food industry. And it has nothing to do with the regulatory morass around whether CBD can be legally added to foods. It’s about managing the risk of consumer false advertising litigation. Lawsuits filed…
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Court Requires Drug Enforcement Administration To Explain Why Only One US University Can Currently Source Cannabis
By Kristi Wolff & Bez Stern on
As readers of this blog already may know, the Drug Enforcement Administration (DEA) currently allows cannabis – consisting of the marijuana plant, with greater than 0.3% THC content – to be grown for research purposes at only one location: The …
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USDA Legal Opinion Seeks To Clarify Interstate Transport of Hemp
By Kristi Wolff & Bez Stern on
On May 28, 2019, the United States Department of Agriculture’s (“USDA”) Office of the General Counsel issued a Legal Opinion, which attempts to address open questions relating to interstate transport of hemp. While the 2018 Farm Bill legalized hemp production,…
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California Bill to Allow Hemp-Derived CBD in Foods, Beverages, and Cosmetics
By Kristi Wolff & Lee Baumgardner on
Assembly Bill 228 is a promising piece of legislation that could soon bring an end to California’s prohibition on adding hemp-derived CBD to foods, beverages, and cosmetics. The bill, in its current form, would add two provisions to the California…
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It’s Not All “High” in the Rockies – Colorado Supreme Court Finds That Employees Can Be Fired For Use of Medical Marijuana
By Barbara E. Hoey on
As more states legalize medical marijuana and consider legalization of “recreational” marijuana, many employers have wrestled with the question of whether they can still maintain a drug free workplace or must allow employees to use marijuana at work. The Colorado…
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