CBD in the United States

US - Delaware: House Bill (HB) 372, a bill to legalise sales of recreational cannabis, fell short of the votes needed to pass and has failed. Although the vote was 23 in favour of passage, 15 against, and 3 abstentions, it fell short of the three-fifths necessary for passage. HB 371, a separate bill that would legalise the possession of up to 1 oz of cannabis by adults (21+) and would allow for gifting among adults if no form of remuneration is paid, has passed both chambers already and is awaiting the governor's signature.

US - Federal: Robert Califf, head of the Food and Drug Administration (FDA), told a congressional subcommittee that he believes congressional action is likely required before the FDA can regulate CBD products. "I don’t think the current authorities we have on the food side or the drug side necessarily give us what we need to have to get the right pathways forward,” Califf said. “We’re going to have to come up with something new. I’m very committed to doing that.”

US - Federal: The Ninth Circuit Court of Appeals, which interprets federal law in districts that cover nine western states including California, has ruled that delta-8 THC products are legal under federal law and are therefore trademark protectable if their delta-9 THC content is 0.3% or less. "[The plaintiff] is likely to succeed on its trademark claim because its delta-8 THC products are not prohibited by federal law, and they may therefore support a valid trademark," the court found in granting a preliminary injunction for a delta-8 producer. It rejected claims that delta-8 products are illegal due to congressional intent in enacting the 2018 Farm Bill and interpretations made by the Drug Enforcement Administration (DEA). The Ninth Circuit's ruling is only binding on federal courts within the states it covers and does not interpret nor have any effect on state law. However, the ruling is significant as the first federal appeals court to rule on the legality of delta-8 products.

US - Nebraska: Organisers for a ballot measure to legalise medical cannabis have filed a lawsuit claiming that the state’s signature-collecting procedure is unconstitutional, press reports. Specifically, the organisers object to a requirement that signatures must come from at least 5% of registered voters in two-fifths of counties, claiming that this requirement gives too much power to sparsely populated counties.

US - California: Governor Gavin Newsom’s proposed budget for 2022-2023 would eliminate the cannabis cultivation tax, press reports. Growers are currently paying a cultivation tax of $10.08 per oz of flower. The proposal must first be approved by the legislature, and if it is, it would take effect on 1st July.

US - Federal: The Food and Drug Administration (FDA) issued a consumer warning about food products containing THC that mimic popular cereal and candy products. Citing over 100 reported adverse events in the last 16 months, the agency stated: “The FDA is actively working with federal and state partners to further address the concerns related to these products and monitoring the market for adverse events, product complaints, and other emerging cannabis-derived products of potential concern.”

US - Delaware: House Bill (HB) 371 was passed by the Senate and heads to the governor for final approval. HB 371 would legalise the possession of up to 1 oz of cannabis by adults (21+) and would allow for gifting among adults if no form of remuneration is paid. Under current law, the adult possession of up to 1 oz of cannabis subjects the possessor to a $100 fine.

US - Colorado: Senate Bill (SB) 22-205 has been passed by the House and now heads back to the Senate to reconcile a minor amendment made since the Senate passed the bill. SB 22-205 would allow the department of public health and environment to enact rules to prohibit "the chemical modification, conversion, or synthetic derivation of intoxicating tetrahydrocannabinol isomers, including delta-8, delta-9, and delta-10, or other intoxicating tetrahydrocannabinol isomers that originate from industrial hemp or may be synthetically modified". It would also establish a task force "to study intoxicating hemp products and make legislative and rule recommendations".