Mile High CBD?

It’s not quite what you think, although the concept is somewhat the same — a breakthrough in TSA policy will now allow some cannabidiol (CBD oil) and medications on planes. In April 2019, the Life Science Matters blog wrote about the drug Epidiolex paving the way towards changes in policy and we are now seeing the first tangible result. The Transportation Security Administration modified its cannabis policy to allow flight passengers to bring some forms of CBD oil and FDA approved marijuana based drugs on…
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A New Day in Medical Cannabis in New York and New Jersey?

A new day may be dawning on both New York and New Jersey medical cannabis programs. Their close proximity to one another, shared infrastructure, and easy commuting between New York City and the various suburbs means they’ve always shared many common interests. We can add their viewpoint on cannabis to that list. Both states initially pushed to join the ranks of those states who legalized adult use of cannabis. Ultimately, neither state passed such legislation. So what does that mean for the states’ medical cannabis…
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New York City Enacts Law Prohibiting Pre-Employment Testing for Marijuana Use

New York City is not shy about enacting laws governing the workplace. One of NYC’s newest employment related laws will prohibit employers from requiring job applicants, as a condition of employment, to submit to a test for the presence of tetrahydrocannabinols (THC) or marijuana. The law (Intro 1445-A) becomes effective May 10, 2020. The law carves out exceptions including, but not limited to, applicants for work:
  1. As a police officer, peace officer, position in law enforcement or an investigative function
  2. In positions requiring individuals who

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Former Drug Executives Criminally Charged in Ongoing Opioid Crisis Fight

The former chief executive and former chief compliance officer of the Rochester Drug Co-Operative were recently charged in a criminal case for conspiracy to distribute controlled substances, conspiracy to defraud the United States, and willingly failing to file suspicious order reports with the DEA. The Rochester Drug Co-Operative is also being charged with conspiracy to violate narcotics laws. This prosecution represents the first time executives of a pharmaceutical company and the company itself were charged with drug trafficking. According to the suite, Rochester Drug Co-Operative…
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Alcoholic Beverages with CBD Will Have to Wait

The passage of the 2018 Farm Bill modified the Controlled Substances Act to exclude hemp from the definition of marijuana. With the deschedulization of hemp, cannabidiol (CBD), which is derived from hemp, has had quite the boom. CBD infused products seem to be popping up everywhere and are a hot commodity in the wellness industry in particular. However, with the recent guidance from the Alcohol and Tobacco Tax and Trade Bureau (TTB), it appears producers of alcoholic beverages are still going to have to wait…
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Two Bills Pending Before Maryland Legislature Potentially Place Employers/Insurers in a No-Win Situation

As the 2019 Maryland legislative session winds down, two bills pending before the Maryland legislature are positioned to create significant changes and additional uncertainty, within  Maryland’s Workers’ Compensation framework. Committee Chair Sen. Bobby Zirkin (D-Baltimore County) is the lead sponsor of Senate Bills 854 and 863, two bills specifying the use of medical cannabis in the context of workers’ compensation cases. Background Senate Bill 854 states that a covered employee or dependent is not entitled to workers’ compensation or associated benefits if the accidental injury…
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Cutting Through the Weed(s): A Straightforward Approach to Cannabis and the Law — Part 1

It’s not always easy explaining to your family what you do for a living; less so when it involves cannabis and the law. Fast-forward a few years, many controversial dinner conversations, and one of my family members was diagnosed with peripheral neuropathy[1]. The phrase, “You can’t be serious” was used more than once when I suggested there was credible research that supported cannabis use for the type of pain they were experiencing. Internet research regarding “conventional treatment” options began and my family was…
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Edible Cannabis: Coming to a Dispensary Near You in Florida

Medical marijuana continues its eventful 2019 in the Sunshine State. Mere weeks after Governor Ron DeSantis signed a bill ending Florida’s ban on smokable medical marijuana, the Florida Legislature pushed back on the industry. A February house bill that sought to legalize recreational cannabis died without a hearing or a vote, the House Appropriations Committee rejected an amendment that would have allowed medical marijuana to treat opioid addiction, and, despite the lack of public support, the Legislature proposed a bill that would place caps on…
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From One to Five: A “Snapshot” Look at the Breakthrough in the Scheduling System for Cannabis Based Medication

Medical use? Recreational Use? Federal vs. State? These are many of the common questions and concerns your average patient has with respect to cannabis today and the answer isn’t quite as clear as we would like it to be; however, there is a linguistic trend steering towards the term “medicated” to replace, the pejorative, “high” for cannabis users seeking medical relief. Notwithstanding, this re-branding and imaging of cannabis, the basis for much of this confusion is the Controlled Substances Act. As a refresher, cannabis is…
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Slack Fill Claim Dismissed from Southern District of New York

A recent decision from the Southern District of New York demonstrates the increasing scrutiny of “slack fill” claims. In Morrison v. Barcel USA, LLC, the plaintiff filed a putative class action predicated on the theory that the plaintiff purchased certain bags of tortilla chips and that they contained “too much air and too few chips.” Specifically, the plaintiff alleged that the defendant increased the size of the bags and filled them with “empty space to make it appear to consumers that they are buying more…
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