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Cannabis and CBD: Still. Holding. Breath.

As an attorney, my job is easy. I advise clients that they should follow the law. As we say in Latin, “Duh.”

Eric G

If the client needs help figuring out what the law requires, we help with that. If it’s not completely clear and predictable, well then, there’s more work to do. The recent history of the regulation of cannabis and CBD products has been one of those “more work to do” scenarios, filled with uncertainty and unpredictability for packagers, and lots of frustration. Perhaps most frustrating of all is that most of us expected there to be more certainty by now.

The crux of the problem is the conflict between the federal laws that outlaw cannabis and CBD in many forms and in foods and dietary supplements, and the many states who have legalized many forms of cannabis and CBD-containing products.


Read article   

Read my last examination of all this.


 What’s the holdup? After all, the tough part appears to be behind us: So many of the historical taboos about cannabis have already fallen away, with 18 individual states legalizing it for recreational use, another 13 decriminalizing it, and 36 legalizing it for medical purposes. CBD-containing products, too, are proliferating in most states, powered by state laws permitting sales and a range of perceived health benefits

But until the feds finish the thought by removing the federal prohibitions, the policy transformation won’t be complete. Eliminate those federal requirements and packaging companies, processors, and contract manufacturers would see a world of new opportunities.

Thus, the federal prohibitions of cannabis and CBD in foods (including supplements), stand as an anachronistic symbol of a bygone era. Cannabis is a federal controlled substance along with heroin and LSD, and among the awkward results of that are that businesses are not permitted to use federal banking systems, and have to restrict themselves to sales and marketing within one state.

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