Canna Law Blog

JANUARY 3, 2023

Until recently, CBD resided in a legal penumbra where hemp was still scheduled on the federal Controlled Substances Act and could not be cultivated without a permit from the Drug Enforcement Administration (“DEA”). Option 2 would likely be hugely expensive: we would see increased business failure as well as market consolidation.

CBD 76

CBD Food Clinical Trials Pets 76

SMPL

AUGUST 14, 2019

Though ABA specified that it was not taking a position on marijuana legalization generally, it recognized that conflicting federal and state cannabis policies are untenable and have created complications for cannabis businesses operating in compliance with state law.

Policy 40

Policy Research and Development Marijuana DEA 40

Cannabis Law Report

JANUARY 13, 2022

In The Weeds welcomes the new year, as well as a number of new cannabis laws and policies taking effect around the country in 2022. Below is a list of state law updates to look forward to this year. 1, out-of-state medical marijuana patients may access Arkansas’ program to purchase cannabis for up to 90 days. Happy 2022!

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Dispensary Law Concentrates Patients 52

Canna Law Blog

SEPTEMBER 6, 2023

Many people in the cannabis industry are convinced that this HHS recommendation to the Drug Enforcement Administration (DEA) means that the DEA will undertake this rescheduling (and fairly quickly, too–which would be a huge departure from its refusal to reschedule back in 2016). Just my two cents; feel free to disagree.

Research and Development 114

Research and Development DEA Marijuana Pharmaceutical 114

Canna Law Blog

OCTOBER 26, 2020

The inevitability of enforcement actions, civil penalties, loss of licensure, and even potentially criminal liability (depending on the nature of the violation) mean that cannabis businesses must get in the mindset of compliance. The point is that compliance means more than just not engaging in criminal or openly unlawful conduct.

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Compliance Compliance DEA Business 81

Cannabis Law Report

MAY 1, 2019

PUBLISHER: CANNABIS LAW REPORT. The website Weedmaps bills itself as “a community where businesses and consumers can search and discover cannabis products, become educated on all things cannabis, review cannabis businesses and connect with other like-minded users,” but is more succinctly described as Yelp for pot. John McKay.

Legalization 45

Legalization Business Law Cannabis 45

Cannabis Law Report

MAY 28, 2022

Although 18 states have fully legalized, cannabis is still a sticky issue for banks and other financial institutions because it remains illegal at the federal level. The cannabis industry might look like just another business for local police, where legal, but the DEA and other federal agencies have a different outlook.

Banking 52

Banking State Laws Law DEA 52

CannaMD

SEPTEMBER 15, 2020

In accordance with state law, all CannaMD doctors hold an active, unrestricted license as either an allopathic physician or osteopathic physician and are in compliance with all state-mandated education requirements. MORE DETAILS: As medical marijuana physicians ourselves, this one is easy!

Law 126

Law Marijuana Patients Treatment 126

Cannabis Law Report

NOVEMBER 2, 2021

While the testing so far has painted a bleak picture of business practices when it comes to the cannabinoid content of the delta-8 market, there is a whole other class of potential issues in the form of impurities. The second argument is based on a DEA interim final rule on the topic of synthetic THC. How Should Delta-8 Be Regulated?

THC 96

THC CBD Legalization Vaping 96

Cannabis Law Report

APRIL 24, 2019

The STATES Act passes in Congress, the President signs it and it becomes law which means that in the states where cannabis is legal : Banking system becomes available to cannabis businesses. 280E is effectively repealed and cannabis businesses are no longer subject to the broad disallowance of expenses.

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Legalization Collective DEA Banking 58

Canna Law Blog

AUGUST 2, 2020

State legal cannabis businesses are used to the specter of the federal government in the rear view mirrors of their lives and businesses. In the January subpoena (which is standard and boilerplate), the DEA wrote that “the information sought. is relevant and material to a legitimate law enforcement inquiry.”

DEA 98

DEA Business Compliance Compliance 98

Canna Law Blog

NOVEMBER 16, 2021

Here are the other main business and regulatory highlights as we see them: Role of the FDA and USDA. There are a couple of exceptions to this list, probably the most important one being that the offenses won’t qualify if a state is examining the issue and still willing to give a state license regardless of the offense.

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DEA Business Banking Food 89

NewsMunchies

DECEMBER 22, 2021

As of this writing, cannabis remains a prohibited Schedule 1 drug, defined by the DEA as having “no currently accepted medical use and a high potential for abuse.” . Most Americans have access to either medical or adult-use cannabis under state laws. Since 2012, 18 states and Washington, D.C.,

Law 89

Law Marijuana DEA Legalization 89

Cannabis Law Report

MARCH 25, 2019

Congress could pass a law that would legitimate marijuana activities, but only to the extent an individual or commercial enterprise acts within the letter of state law. The DEA has made previous requests–in 2001 and 2006–to the FDA for an evaluation of marijuana. Emphasis added).

Banking 45

Banking Law Marijuana State Laws 45

MJ Business Attorneys

DECEMBER 27, 2018

On the other hand, the Act does allow states to opt-out of participating in the regulation of a legal hemp market through an explicit “no-preemption” clause written into the Act. The Act positions it will not prevail over state laws that are more stringent than those expressed by Congress on the regulation of hemp.

Hemp 165

Hemp Seed-To-Sale Food THC 165

MJ Business Attorneys

MAY 23, 2018

However, the current reality is that the IRS continues to audit the industry and rigidly enforce 280e, the federal tax measure, which in effect bars cannabis businesses from qualifying for the standard tax deductions and credits that provide the groundwork for the success of small businesses in the United States.

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Marijuana Compliance Compliance DEA 100