Under Illinois law, there are various statutes and regulations that set forth requirements and prohibitions for advertising, promotion, packaging, and labeling of cannabis and cannabis-infused products. These rules are intended to protect consumers, and especially minors, from advertising that is misleading or targeted at children. The rules also are intended to protect consumers by requiring
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Bridging the Gap: Cannabis Rescheduling to Align Policy with Research
In a much-anticipated move, sources recently reported that the Drug Enforcement Administration (“DEA”) will recommend rescheduling cannabis from a Schedule I substance to a Schedule III substance under the federal Controlled Substances Act.[1] This recommendation will likely be based on the Health and Human Services Report, which evaluated scientific evidence of cannabis use for medical purposes and determined that…
Cannabis Rescheduling: HHS Findings and Legal Implications
On August 29, 2023, the U.S. Department of Health and Human Services (HHS) made a groundbreaking recommendation to the Drug Enforcement Administration (DEA) – that cannabis should be rescheduled from Schedule I to Schedule III under the Controlled Substances Act (CSA). This recommendation was made pursuant to President Biden’s request that the Secretary of HHS…
High Protections on Information Relating to Employees’ Cannabis Use
On October 7, 2023, Governor Gavin Newsom signed SB 700 into law, amending the California Fair Employment and Housing Act (FEHA). SB 700, effective January 1, 2024, expressly prohibits employers from requesting information from job applicants relating to their prior cannabis use.…
United Cannabis Corporation v. Pure Hemp Collective Inc.
This case addresses whether attorney’s fees are warranted due to an inequitable conduct and conflict of interest defense.…
Reclassifying Cannabis as a Schedule III Substance – Will the DEA Agree?
On August 29, 2023, less than one year after President Biden’s directive to federal officials, including the U.S. Department of Health and Human Services (“HHS”) and the U.S. Attorney general, to conduct a review of cannabis’ classification under federal law,[1] HHS submitted a letter to the U.S. Drug Enforcement Agency (“DEA”) recommending a change in cannabis’…
Commercial Cannabis Permit Program and Overlay District Statutorily Exempt Under CEQA Guideline Section 15183
On June 13, 2023, the Second Appellate District affirmed the City of Pomona’s use of a statutory exemption for its Commercial Cannabis Overlay Permit Program under California Environmental Quality Act (CEQA) Guidelines section 15183, finding that the program required no additional environmental review. The decision in Lucas v. City of Pomona is noteworthy for the…
New York Landlords May Get Stuck with the Bill for Unlicensed Cannabis Sticker Shops
It is well known that between New York’s enactment of the Marihuana Regulation & Taxation Act (commonly known as the Cannabis Law) on March 31, 2021 and the slower than anticipated adoption of regulations for adult-use cannabis retailers and implementation of the Act there have been few (and in some geographic areas of the state,…
California Expands FEHA to Include Off The Job Cannabis Use
Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment free from discrimination by establishing a comprehensive scheme to combat employment discrimination.…
The Status of a Cannabusiness’ Ability to Seek Relief in the Courts — the ‘Illegality’ Issue
This article originally appeared in Cannabis Business Executive on June 10, 2020.
Claimed “illegality” of cannabusinesses continues to be a critical issue for them in their ability to enforce their rights in the courts. The ability to seek judicial relief may be especially important to some cannabusinesses that are struggling as a result of the…