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Jan 20, 2025 | 
jdsupra.com | Zie Alere |Bryan Haynes |Agustin Rodriguez
On January 15, the U.S. Food and Drug Administration (FDA) issued a proposed rule that would set a maximum nicotine level in combusted cigarettes and certain other combusted tobacco products.
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Dec 10, 2024 | 
cannabislaw.report | Zie Alere |Jean Smith-Gonnell
With power changing hands in Washington, D.C., what can marijuana industry members expect from the 119th Congress? Two GOP proposals from the 118th Congress may foreshadow the likely path for federal marijuana legalization. These bills — the “States Reform Act of 2023” and the “Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act” —would explicitly support states’ legal marijuana regimes, while leaving states with the ultimate decision of whether to establish such regimes.
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Nov 25, 2024 | 
reuters.com | Jean Smith-Gonnell |Zie Alere
A woman holds marijuana for sale at the MedMen store in West Hollywood, California U.S. January 2, 2018. REUTERS/Lucy Nicholson/File Photo November 25, 2024 - State and federal excise taxes are a critical element of the business environment for major "vice" industries in the United States, such as tobacco. While no federal excise tax applies to marijuana, state excise taxes ("SET") are a significant economic consideration for the recreational marijuana industry in a given state.
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Nov 25, 2024 | 
today.westlaw.com | Jean Smith-Gonnell |Zie Alere |Troutman Pepper
(November 25, 2024) - Jean E. Smith-Gonnell and Zie Alere of Troutman Pepper discuss laws concerning state excise taxes (SET) involving sales of marijuana, including important distinctions among the SET regimes in today's key legal recreational marijuana markets. State and federal excise taxes are a critical element of the business environment for major "vice" industries in the United States, such as tobacco.
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Nov 18, 2024 | 
jdsupra.com | Zie Alere |Agustin Rodriguez
In October, the Oregon Court of Appeals ruled that a law restricting the packaging of e-cigarettes violates the state constitution’s free speech protections. The decision illustrates the utility of free speech arguments against packaging requirements and the importance of state constitutions in regulatory challenges generally. Oregon E-Cigarette Packaging LawIn 2015, the Oregon Legislative Assembly passed House Bill 2546, which enacted Or. Rev. Stat. § 431A.175(2)(f).
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Sep 30, 2024 | 
jdsupra.com | Zie Alere |Bryan Haynes |Michael Jordan
In September, the U.S. Food and Drug Administration (FDA) told industry that it would begin enforcing the agency’s cigarette graphic warning rule in December 2025 in an enforcement policy outlined in a short guidance document. Although a federal district court previously found the rule unconstitutional, an appeals court reversed that decision and the final rule is now in effect.
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Sep 30, 2024 | 
lexology.com | Bryan Haynes |Agustin Rodriguez |Zie Alere |Michael Jordan
In September, the U.S. Food and Drug Administration (FDA) told industry that it would begin enforcing the agency’s cigarette graphic warning rule in December 2025 in an enforcement policy outlined in a short guidance document. Although a federal district court previously found the rule unconstitutional, an appeals court reversed that decision and the final rule is now in effect.
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Sep 17, 2024 | 
jdsupra.com | Zie Alere |Bryan Haynes |Agustin Rodriguez
In August, the U.S. Food and Drug Administration (FDA) issued a new proposed rule that would require importers of electronic nicotine delivery system (ENDS) products to provide an FDA-issued submission tracking number (STN) to U.S. Customs and Border Protection (CBP) for imports of such products. This rule could result in the denial of entry for ENDS imports for which the manufacturer has not submitted a premarket tobacco product application (PMTA) to FDA.
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Sep 6, 2024 | 
cannabislaw.report | Jean Smith-Gonnell |Zie Alere
When Minnesota legislators passed House File 4065 in 2022 — legalizing the sale of certain hemp-derived THC edibles and beverages — few could have predicted that a multimillion-dollar THC-infused beverage market would result. Today, Minnesota consumers enjoy access to THC beverages in many places traditionally reserved for alcohol — liquor stores, breweries, bars, and restaurants.
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Sep 5, 2024 | 
jdsupra.com | Zie Alere |Jean Smith-Gonnell
When Minnesota legislators passed House File 4065 in 2022 — legalizing the sale of certain hemp-derived THC edibles and beverages — few could have predicted that a multimillion-dollar THC-infused beverage market would result. Yesterday, Minnesota consumers enjoy access to THC beverages in many places traditionally reserved for alcohol — liquor stores, breweries, bars, and restaurants.
