Hashish Consumer Alert – Week of October 11, 2021 | Dentons

In this week’s issue:

  • FDA Revokes Marketing Denial Order for 490 Turning Point Brands Products
  • California legalizes the retail sale of non-intoxicating cannabinoids, including CBD, as dietary supplements and ingredients in food and beverages
  • NBA players will not be randomly tested for cannabis this season
  • Promising study from Australia shows that acidic cannabinoids can be effective in treating epilepsy
  • And more…


FDA Revokes MDO for Turning Point Brands Products – The FDA has revoked its Marketing Denial Order (MDO) for 490 Turning Point Brands (TPB) products. TPB contained sufficient data in the Premarket Tobacco Applications (PMTAs) regarding potential benefits that outweigh significant known risks to adolescents. While the FDA’s repeal only applies to TPB products, other companies that have issued MDOs are appealing these orders.


AL – Alabama Medical Cannabis Law sponsor plans to introduce laws to provide more flexibility with regulatory and enforcement deadlines. Alabama’s Medical Cannabis Act gives people with certain medical conditions access to limited forms of cannabis, including pills and skin patches.

AK – An alleged class action lawsuit was filed by a medical cannabis patient who was denied employment with Butterball LLC. The complaint alleges that Butterball withdrew an offer of employment for a non-“safety sensitive” position because of a positive drug test for cannabis, contrary to Amendment 98 of the Arkansas Constitution. The size of the class in this promotion is currently unknown.

CA – California Governor Gavin Newsom, D, signed a bill on October 6th that expands the state’s hemp industry by legalizing the retail sale of non-intoxicating cannabinoids, including CBD, as dietary supplements and as ingredients in food and beverages. The law will be implemented as soon as the California Department of Health publishes enforcement in accordance with the provisions of the law. The bill also includes provisions for the sale of smokable hemp, and hemp producers can immediately begin growing and manufacturing smokable products for sale in other states.

CT – As of October 1, more than 54,000 registered medical cannabis users in Connecticut are now legally allowed to grow cannabis for their own personal use. In addition, the state’s Department of Consumer Protection has published guidelines and procedures to regulate adult cannabis use that will come into effect on October 16, 2021.

ID – The Idaho State Department of Agriculture (ISDA) recently submitted its hemp plan to the USDA. If the plan is approved, the state will have the option to license companies to sell hemp and hemp products. The ISDA stands ready to license hemp companies later this year upon receipt of USDA approval.

IL – Illinois cannabis retailers sold nearly $ 1 billion in legal recreational cannabis products in 2021, including over $ 100 million in September.

MA – The Massachusetts Department of Agricultural Resources has issued a guide on how to sell hemp and hemp-derived products to marijuana operations, which is only available to cannabis operations for hemp and hemp-derived products to be sold to cannabis operations by Massachusetts-licensed hemp producers and processors is licensed by the Cannabis Control Commission.

MO – The Missouri Department of Health and Senior Services’ Medical Marijuana Regulatory Program has issued a new policy prohibiting medical cannabis companies from using any advertising, including strain names, except for list prices on their websites. The policy also prohibits medical cannabis companies from accepting online payments through third party websites.

MT – The Montana Treasury released a notice to a public hearing on a proposed adoption and change of rules regarding restrictions on advertising related to cannabis. The department received personal and written comments on the proposed changes and published a summary of the state’s responses to issues raised by public comments.

NY – The New York Cannabis Control Board (CCB) recently held its first meeting to discuss the implementation of the state’s cannabis program for adult use. Recent changes to the state’s existing medical cannabis program include pharmacies that are allowed to sell cannabis flower products to qualified patients and a permanent $ 50 registration fee exemption for patients and caregivers. Based on a recent forecast, the state is expected to collect approximately $ 20 million in taxes and fees from cannabis sales, and ultimately generate $ 245 million in annual cannabis revenues.

PA – State Sen. Mike Regan (R-Cumberland / York Counties) and State Rep. Amen Brown (D-Philadelphia) are collaborating on a bill to legalize cannabis in Pennsylvania. The bipartisan and bicameral effort is backed by the governor but has yet to receive broad support from the Republican-controlled legislature.

SC – Following a request from South Carolina law enforcement agencies to clarify the application of the state’s Hemp Agriculture Act to THC and THC variants, the AG’s office issued a statement stating that both the state’s Hemp Agriculture Act and the 2018 Federal Agriculture Act are specific the Delta-9 compound and no other isomer, and therefore the Delta-8 compound found in some hemp products is not legal. There is no formal guidance from the U.S. Drug Enforcement Administration as to whether delta-8-THC from hemp is a controlled substance under federal law.


US Court of International Trade dismisses cannabis company’s import dispute for lack of jurisdiction – Judge Gary Katzmann of the US Court of International Trade (CIT) ruled that “a seizure will occur within thirty days of the merchandise being handed over to CBP, even if it is not the importer was notified within these thirty days that an assumed expulsion would not occur, ”and stated that issues related to seizures should be heard in the district court. The CIT’s opinion does not weigh up whether CBP can confiscate imports of drug paraphernalia in states where cannabis is legal.

No Random Cannabis Testing by the NBA – NBA players will not be subjected to random cannabis testing this season, according to a National Basketball Players Association (NBPA) memo received by ESPN. This is in line with the no-testing policy observed during the coronavirus hiatus and the previous season. It is speculated that subsequent collective bargaining agreements for the League may exclude cannabis from the list of prohibited substances.

Medicine / CBD

Effects of cannabis liberalization policies on perinatal health – A recent study of a number of perinatal results found modest or no negative effects of cannabis liberalization policies (both recreational and medicinal use laws) on neonatal health.

First patient survey on cannabigerol-dominant cannabis use – In a first of its kind, including self-reported efficacy of cannabigerol (CBG) -dominant products, respondents reported greater effectiveness of CBG-dominant cannabis over conventional pharmacotherapy. These results support the need for randomized controlled trials of CBG-dominant cannabis-based drugs.

Using cannabis to treat epilepsy – A study by pharmacologists at the University of Sydney shows promising treatment options for epilepsy with cannabis. The study reports that acidic cannabinoids reduced seizures in a mouse model of Dravet syndrome, a persistent form of childhood epilepsy. The study was published in the British Journal of Pharmacology.