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David P. Graham defends product liability litigation for clients in the pharmaceutical, medical device, food, and cannabis industries. He leads the firm's food and beverage team and advises food companies in FDA and USDA labeling, advertising, and safety matters.

After advancing through 13 committees and narrowly winning a 34-33 vote, Minnesota’s State Senate finally approved a bill to legalize adult-use cannabis on April 28th. But before it reaches the desk of Governor Tom Walz (who has pledged to sign it), the bill with have to move to a conference with the State House to reconcile differences with a companion reform measure passed three days prior. With the session ending on May 22nd, the clock is running for lawmakers to get the final bill in front of the governor. Here’s what sets the two versions apart:Continue Reading Cannabis is (Almost) Legal in Minnesota: Here’s What You Need to Know

The Food and Drug Administration (FDA) issued warning letters to five companies late last month on Monday, November 21, 2022, claiming that they are illegally selling products containing cannabidiol (CBD). The companies targeted are 11-11-11 Brands, CBD American Shaman LLC, Infusionz LLC, Naturally Infused LLC, and Newhere Inc. dba CBDFX. In its Constituent Update, the FDA states broadly that the companies are selling CBD products “that people may confuse for traditional foods or beverages which may result in unintentional consumption or overconsumption of CBD.”[1]Continue Reading FDA Warns Five Companies of Aggressive New Approach to CBD Enforcement

In the past few years, recreational marijuana legalization has increased, with New York becoming the most recent state to enact legislation. The growth has created substantial revenue opportunities for companies that have invested in preparing to participate in these new regulatory frameworks. Along with that nationwide expansion, though, comes greater government scrutiny. All current and future marijuana industry participants must stay aware of specific areas where the government is focusing its enforcement efforts and develop appropriate compliance procedures.
Continue Reading Growing Cannabis Industry Attracts Increased Government Enforcement

In a vote of 321-103, the House of Representatives took the first steps to securing better access for the cannabis industry by passing the Secure and Fair Enforcement Act, “SAFE” Banking bill. Introduced by Rep. Ed Perlmutter (D-CO), the bill has slowly gained momentum as the cannabis and financial industry have continued to lobby and pressure Congress into acting. With over 206 co-sponsors, the House Leadership scheduled a floor vote under suspension of the rules thereby eliminating any amendments and the need for two-thirds vote of the House of Representatives.
Continue Reading House of Representatives, in a Historical Moment, Passes a Standalone Marijuana Bill to Assist Banks that Service Cannabis Businesses