A bill introduced in the California Assembly in February 2022 would prohibit employers from discriminating against workers and job applicants for off-duty marijuana use.
In a recent decision, AK Futures LLC v. Boyd St. Distro, LLC, No. 21-56133, the 9th Circuit ruled that products containing delta-8 tetrahydrocannabinol (delta-8 THC) can fall within the statutory definition of “hemp” federally legalized under the 2018 Agriculture Improvement Act (2018 Farm Bill). Thus, these products fall outside the definition of a controlled substance, unlike delta-9 THC products. In doing so, the court also concluded that such products are legal and therefore entitled to trademark protection.
The FDA has become increasingly concerned about products containing cannabidiol (CBD) and/or delta-8 tetrahydrocannabinol (delta-8), stating that such products are potentially unsafe, make claims in violation of the Federal Food, Drug and Cosmetic Act (FFDCA) and “are packaged and labeled in ways that may appeal to children.” These concerns along with recent reports related to delta-8 and CBD products led to the issuance of five additional warning letters.
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen as THC, and can employees be terminated for using it? Second, is an employer test for prescription drugs an illegal medical inquiry in violation of disability laws?
Manufacturers have other reasons to want to know about their workers. Manufacturing employees often operate equipment or control processes that require vigilant attention and where, for example, drug impairment might have severe consequences.
For the second time, a bipartisan majority of the U.S. House of Representatives on Friday, April 1, passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. If enacted, the MORE Act would decriminalize cannabis at the federal level, impose certain federal regulations and taxes on legal cannabis businesses, and provide for federal grants and other benefits for individuals previously harmed by cannabis prohibition.
Cannabis is big business in California.
In Part 1 of this two-part series, we addressed the high-level concerns that a new investor should consider in making an investment in a state legal cannabis company. In this follow up, we address some of the more nuanced issues that investors should consider before deciding to invest in a specific cannabis company.
The legal cannabis industry has been developing for years, but it is still difficult even for sophisticated investors to know where to start when thinking about investing in the cannabis industry.
Statewide recall of vaporized products with non-cannabis derived ingredients.
As adoption around blockchain, non fungible tokens (NFTs) and the metaverse grows, there’s an increasing focus on the legal challenges these emerging technologies present.
In Notice 2022-36, the Internal Revenue Service (IRS) announced relief for taxpayers who failed to file certain tax and information returns with respect to tax years 2019 and 2020.
On August 11, 2022, the Centers for Disease Control and Prevention (CDC) unveiled its updated COVID-19 guidelines, revising both quarantine and isolation guidelines in the process.
On Aug. 24, 2022, the IRS issued Notice 2022-36, which provides penalty relief to taxpayers for certain late-filed 2019 and 2020 tax returns and information returns, but this relief is only afforded to those who file the eligible returns on or before Sept. 30, 2022, and the relief does not apply to all types of returns.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request for detailed EEO-1 Report employee demographic information that thousands of U.S. employers submitted from 2016 through 2020.
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