In the Weeds: Pennsylvania Says Don’t Inhale, Cease and Desist Letters in New York, Washington Robberies Cause Concern

In the Weeds: Pennsylvania Says Don’t Inhale, Cease and Desist Letters in New York, Washington Robberies Cause Concern
CANNANNEW REPORT

McGuire Woods AUTHORS Asia Archey Riddick Royce DuBiner Varsha Gadani Katherine Gruner Kate Hardey Brian King Newsworthy Highlights Pennsylvania Department of Health Bans Certain Vaporized Products. The Pennsylvania Department of Health Office of Medical Marijuana recently banned any cannabis product containing ingredients not approved for inhalation by the FDA. The department published a list of banned ingredients, in addition to a list of banned products containing additives not approved for inhalation by the FDA. The department also issued a mandatory recall for all vaporized products on the list of banned products. The department appears to be basing its decision on products the FDA has approved for use as excipients in drugs or have Generally Recognized as Safe Status (GRAS). Companies operating in Pennsylvania should undertake a careful analysis of what, if any, ingredients may be safe for consumption and inhalation. Many may view this change as a de facto ban on vaping products given the potential difficulty in determining and formulating product ingredients for compliance. New York State Tells Suspected Unlicensed Distributors to Cease and Desist Unauthorized Distribution. In January 2021, New York state passed the Marihuana Regulation and Taxation Act (MRTA), which, among other things, legalized adult-use cannabis and established an office of cannabis management to oversee licensing for the cultivation, processing, distribution and selling of cannabis to and by people 21 and older. The first licenses, however, are not expected to be issued until 2023. In the meantime, the Office of Cannabis Management, which sets and enforces rules for New York’s Medical Cannabis Program, recently issued cease and desist letters to dozens of suspected unlicensed distributors of cannabis. Businesses suspected of such activity risk substantial fines, possible criminal penalties, and the inability to obtain a license in the legal cannabis market once the framework for licensing is established and operative. Under the MRTA, the adult-use market was expected…

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Source : In the Weeds: Pennsylvania Says Don’t Inhale, Cease and Desist Letters in New York, Washington Robberies Cause Concern

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