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Friends, On November 14, the Centers for Disease Control and Prevention (CDC) released a report identifying vitamin E acetate, sometimes used as a thickening agent in vaping products, as the likely culprit in the recent vaping outbreak.  As of November 13th, the CDC identified 2,172 cases of vaping product associated lung injury in 49 states […]

USDA Hemp Rules: Impacts and Analysis, Q&A This one-hour webinar will present an overview of the USDA’s Interim Final Rule for Establishment of a Domestic Hemp Production Program and will discuss the benefits and drawbacks of the rule’s impact on the hemp industry. McAllister Garfield hemp chair David Wunderlich will offer a summary and analysis […]

Friends, Yesterday, news broke that the California Bureau of Cannabis Control suspended nearly 400 marijuana business licenses based mostly on the lack of utilization of the track and trace system in CA, Metrc. Any company that received a provisional license was required to sign up for Metrc within five days of getting the license and […]

Friends, This morning, the U.S. Department of Agriculture (USDA) distributed a Draft Interim Final Rule to govern the hemp industry. This long-anticipated rule sets the stage for further federal and state regulation of the hemp industry. Once effective, the rule will govern how state and tribal hemp plans will be evaluated and approved by the […]

Friends, What some have called the “national vaping crisis” has led to rulemaking by the Colorado Marijuana Enforcement Division (the “MED”). In Colorado alone there have been nine reported cases of vaping related illnesses resulting in seven hospitalizations, according to the Colorado Department of Public Health and Environment. Some Colorado cannabis industry stakeholders favor more […]

Friends, McAllister Garfield is a leading regulatory enforcement law firm in both CO and CA. Each year, the Firm inventories the regulatory enforcement cases brought in the past year. 2018 was an eventful year for the Colorado Marijuana Enforcement Division (the “MED”) and industry participants regarding enforcement actions. From January 1 until December 31, the […]

Friends, Once again, a cannabis-related business has tried and failed to convince a court it need not follow other federal law because it violates the Controlled Substances Act (the “CSA”). On September 20, 2019, the United States Court of Appeals for the Tenth Circuit in Denver held that employers operating in the cannabis industry must […]

Friends, On September 3, the Colorado Marijuana Enforcement Division (the “MED”) issued guidance FOR the emergency rules implementing HB-1090, commonly known as the “Pubco Bill,” which goes into effect November 1. Much of the publicity and activity concerning implementation of HB-1090 and the emergency rules has focused on publicly traded entities and private equity funds […]

Friends, This month, the National Credit Union Administration (the “NCUA”) issued guidance to federally insured credit unions for banking hemp businesses. The guidance provides some parameters for credit unions banking hemp businesses. The NCUA guidance requires any credit union providing services to hemp businesses to conduct due diligence on hemp businesses, and ensure that there […]

Friends, The Los Angeles Department of Cannabis Regulation announced the opening of Phase 3 Round 1 of retail licensing for the City of Los Angeles for 10:00 a.m. Pacific on Tuesday, September 3. Only storefront retail licenses will be available in this round of licensing. The City will process applicants on a first-to-file basis, and only the first […]

Friends, On August 1, as expected, the Colorado Marijuana Enforcement Division (the “MED”) adopted emergency rules to implement HB-1090, commonly known as the “Pubco Bill,” passed by the Colorado Legislature in May to expand ownership of licensed cannabis businesses to public traded entities, venture capital, and private equity beginning November 1. The emergency rules extensively […]

Companies involved in the extraction and manufacture of products from Cannabis sativa L. (hemp or marijuana) are subject to regulation by the Colorado Department of Public Health and Environment (CDPHE) – especially large operators working with chemical solvents and hydrocarbon extraction like butane and propane. The release of emissions into the air from extraction and […]