247: Marijuana, Cider and the Law

Marijuana as of 2020 is now legal in 15 states in the United States. CBD products are popping up in can drinks nearly every where you look these days. Is it legal? Can cider now be fused with cider or at least CBD or perhaps THC? Find out in this special presentation prerecorded at CiderCon2020.

Opening slide to: Current regulatory status of marijuana and CBD beverages

Presentors Attorney Marc Sorini and Attorney Alva Mather of McDermott Will & Emery LLP

Marc Sorini Alva Mather

Topics presented:

• How The Controlled Substance Act (CSA) impacts marijuana use.
• Status of marijuana Under Federal Law
• The politics and law relating to cannibus
• The Cole Memo during the Obama Administration running through the Trump administration
• Appropriation restrictions affecting marijuana law
• Tetrahydrocannabinol (THC) vs Cannabidiol (CBD)
• Industrial Hemp
  • Agricultural Act of 2014 (2014 Farm Bill) vs Agriculture Improvement Act of 2018    (2018 Farm Bill)
• Former Commissioner Gottlieb statement in 2018 and its impact on FDA regulations
• How the Food Drug Administration(FDA) and the Alcohol and Tobacco Tax and Trade Bureau (TTB) work together regulation cider
  • Is marijuana Generally Recognized as Safe (GRS) by the FDA?

• What is the enforcement concerning CBD products?
• What does the future hold for having THC in cider?
• Why labeling (COLA) counts!

From the presenter's presentation:

TTB has made it clear that it will not approve any formula for a product containing a Schedule I controlled substance

TTB has also made it clear that it has conferred with FDA and will not approve a formula for a product containing ingredients not recognized as GRAS

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