Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento. 

This week we're looking at:

• The FDA's punt to Congress on CBD rules.
• Marijuana, marionberries and the Dormant Commerce Clause.
• A lawyer elected director of the Minority Cannabis Business Association.
• AI and cannabis law.

Thanks as always for reading. Got a story idea or feedback? You can send it all to me at [email protected]. You can also call me at 916.448.2935. Follow me on Twitter: @capitalaccounts. 

U.S. Food and Drug Administration main campus building. Photo: ALM

FDA Says Path to New CBD Regs Runs Through Congress

That U.S. Food and Drug Administration … What a tease.

Last month, FDA principal deputy commissioner Janet Woodcock told The Wall Street Journal that the agency was working on recommendations for how to regulate cannabis-derived food and dietary supplement products. For some in the CBD industry—and perhaps those of us not trained in detecting federal regulatory nuance—the comments suggested the FDA was on its way to proposing long-sought specific guidelines for manufacturing and selling such goods.