Cannabis Law Report

FEBRUARY 12, 2022

By definition, hemp contains THC, even if only trace amounts. Kansas Hemp Supporters are encouraged to use our State Action Center to urge lawmakers to defeat HB 2604. Second, the bill recognizes a civil action but does not automatically provide for liability or unlimited damages, unlike the law from 2021.

Hemp 52

Hemp Seed-To-Sale Food State Laws 52

Canna Law Blog

JANUARY 6, 2023

The California Department of Tax and Fee Administration ( CDTFA ) is the California cannabis agency that oversees state-level cannabis taxation. Under state law, CDTFA collected both a cultivation tax and an excise tax. In 2022, that all changed when the state adopted tax reforms.

Collective 73

Collective Hemp Cannabis Programs 73

MJ Business Attorneys

MAY 29, 2018

Congress cannot commandeer states’ legislative authority, a principle known as the “anti-commandeering” rule interpreted from the Tenth Amendment to the U.S. Murphy holds that state-law repeals are not pre-emptible. Constitution. It is important to recognize the federal government is not without power.

Policy 100

Policy State Laws DEA Legislation 100

Canna Law Blog

DECEMBER 22, 2019

The Agriculture Improvement Act of 2018 (“ 2018 Farm Bill ”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. 2-501 et seq.), 2-501 et seq.), ” NE St. § ” NE St. §

Hemp 67

Hemp CBD Agriculture Cultivation 67

Cannabis Law Report

OCTOBER 22, 2019

However, passage of the 2018 Farm Bill and the subsequent explosion of hemp and cannabidiol (CBD) online sales nationwide, state sales tax issues have become much more complicated. The physical connection standard requires a seller to have physical activities in a state (e.g., Before Wayfair. After Wayfair.

Collective 40

Collective Hemp Retail CBD 40

The Blunt Truth

JULY 18, 2023

THE CSA IS A HURDLE TO REGISTRATION The National Concessions Group (“NCG”) applied to register two of its trademarks: BAKKED and the design mark (collectively the “Marks”) with the United States Patent and Trademark Office (“USPTO”) for use with “essential oil dispenser[s] sold empty, for domestic use.” In re Nat’l Concessions Grp.,

Oil 98

Oil Hemp Cannabis Extraction 98

SpeedWeed

DECEMBER 18, 2018

The Statesman Journal reports that a proposed bill would also change state law to protect job seekers who use substances like cannabis that are legal here. “We’ll definitely have some discussions” on the proposal, he said. Floyd Prozanski, D-Eugene.

State Laws 40

State Laws Collective Hemp Data 40

Cannabis Law Report

SEPTEMBER 16, 2021

See Patients Mutual Assistance Collective Corp. Commissioner ( Harborside ) (adopting the definition in Suzy’s Zoo v. In the context of outsourcing arrangements, the term “produce” is based on control over the manufacturing process. Harborside Health Center ) v. Commissioner. In Suzy’s Zoo , the U.S.

Cultivation 52

Cultivation Cannabis Collective Business 52

Cannabis Law Report

MARCH 24, 2022

State and federal law determine hemp is legal so long as it contains less than 0.3% However, the appeals court upended that definition and said the distinction between marijuana and hemp stops at the plant. The suit claims the DA interpreted “hemp” and “hemp products” incorrectly under state law.

Hemp 52

Hemp CBD Legalization Research and Development 52

Cannabis Law Report

FEBRUARY 25, 2019

Because of this definition in state law, I do not anticipate any immediate changes to our system to allow a representative (non-owner) to complete the application. We wrote a letter to the California Attorney the General Counsel for each of the Regulators. We wrote a follow-up letter in June 2018 [2].

Collective 40

Collective Safety Business State Laws 40

Canna Law Blog

OCTOBER 29, 2019

State and Tribal Plans. The 2018 Farm Bill requires states and Indian Tribes to submit hemp cultivation plans to the USDA. The interim hemp rules require that these plans include a practice to collect, maintain and report information on hemp cultivators, the land where hemp is produced, and the status and number of licenses issued.

Hemp 67

Hemp THC Compliance Compliance 67

Canna Law Blog

APRIL 26, 2019

Any issue not addressed in the lease will be governed by state law. State law tends to be very protective of tenants in residential leases, but provides little protection to commercial tenants. Accordingly, state law governs the notice and cure process, which is bad for tenants, especially in the cannabis industry.

Access 62

Access State Laws Cannabis Law 62

Cannabis Law Report

DECEMBER 16, 2021

The CDC promoted a policy that prohibits employees from using marijuana while on the job but recognized that a zero-tolerance policy for marijuana use may not be possible, depending on the relevant state law. Uber Canada Announces Partnership With Tokyo Smoke for Cannabis Ordering in Ontario. Harborside Inc.,

Cannabinoids 52

Cannabinoids Retail Policy Cultivation 52

Cannabis Law Report

JULY 27, 2019

Franchises are strictly creatures of statute, which means that any commercial arrangement is a franchise if it meets the definition of “franchise” in the federal franchise sales law or a state franchise law with jurisdiction over the parties’ activities. There is no universal definition of a franchise.

Supply Chain 40

Supply Chain Programs Business Retail 40

Cannabis Law Report

NOVEMBER 29, 2021

” 4 Assuming completion of the Transactions as contemplated in the Definitive Agreements. The directors and officers and certain shareholders of Urbn Leaf, collectively holding approximately 69% of Series A shares and 96% of common shares, have entered into voting and support agreements to vote in favour of the Urbn Leaf Transaction.

Business 52

Business Retail Cultivation Cannabis 52

Cannabis Law Report

MARCH 19, 2020

FDA’s announcement comes on the heels of an active 2019, during which both FDA and the FTC issued warning letters to marketers of CBD products 1 and the plaintiffs’ bar began to actively file class-action lawsuits against marketers of CBD products under state law. Nonetheless, these products are widely available.

CBD 45

CBD Research and Development Seed-To-Sale Data 45

Marijuana Lawyer Blog

OCTOBER 31, 2018

5 to be considered – which you should definitely do if you have a cannabis intellectual property licensing agreement or manufacturing deal you’d like to keep going because those could be directly affected.). Written comments must be in by Nov. Patent and Trademark Office – is federal. Call us at 714-937-2050.

Business 40

Business Cannabis Marijuana Legalization 40

Project CBD

AUGUST 23, 2023

Within that definition, are two critical phrases: “all derivatives” and “whether growing or not.” “All percent THC limit applies to the plant biomass and the final product, resulting in THC levels in consumer products labeled as “hemp” that substantially exceed THC limits set in state-regulated cannabis markets.

Cannabinoids 141

Cannabinoids Hemp THC Safety 141

Cannabis Law Report

JANUARY 10, 2020

More and more states across the South are adopting medical marijuana regimes. One such pain for marijuana businesses is the tension between following state laws on a product that is still illegal at the federal level. Assistance Collective Corp. With this growth comes growing pains. Patients Mut. The court in Olive v.

Marijuana 45

Marijuana Business Decriminalization Legislation 45

Cannabis Law Report

OCTOBER 13, 2019

Definitions. Customer” means any individual within a Retail Area or seeking entry into a Retail Area who is not a state-licensed owner of the Cannabis Establishment, state-licensed employee of the Cannabis Establishment, or government official on premises for an official purpose. Customer Access Control. Cash Management.

Access 40

Access Retail Safety Collective 40

Cannabis Law Report

AUGUST 6, 2019

The nation collectively hopes that marijuana is indeed concurrently or subsequently re/de-scheduled out of the research-prohibitive Schedule 1 category into the Schedule 2 or Schedule 3 category. The answer is almost definitely no. This is true even if the other state also allows for some form of legalized marijuana.

Marijuana 40

Marijuana Research and Development Programs Collective 40

Cannabis Law Report

SEPTEMBER 25, 2019

The Commission will collect data to determine whether goals of the exclusivity period are met after two years and decide whether to extend exclusivity for an additional year or make the license type generally available.

Marijuana 40

Marijuana Safety Programs Retail 40

Cannabis Law Report

NOVEMBER 2, 2021

We wanted to investigate, so after collecting samples from online stores and brick-and-mortar smoke shops, we commissioned FESA Labs to perform independent testing on 51 delta-8 products. We’ve collected the results under these headings to make it easier to navigate to what you’re looking for. Illegal Limits of Delta-9 THC.

THC 96

THC CBD Legalization Vaping 96

Cannabis Law Report

NOVEMBER 22, 2019

d/b/a Clever Leaves recently announced a definitive agreement to fully integrate their respective operations. million square feet of greenhouses under Good Agricultural and Collection Practices (GACP) in Colombia. Northern Swan Holdings, Inc. and Eagle Canada Holdings, Inc.

Cultivation 11

Cultivation Extraction Pharmaceutical Research and Development 11

Cannabis Law Report

JULY 29, 2021

In Oregon, industrial hemp is specifically excluded from the definition of marijuana. Furthermore, law enforcement organizations are not lawfully authorized to collect samples for testing, and aren’t subject to the same regulations relating to chain of custody that OLCC licensed labs are required to observe. See ORS 455.315.

Agriculture 105

Agriculture Hemp Collective THC 105

Cannabis Law Report

AUGUST 8, 2019

The above definitions bring cannabis, including cannabis grown and distributed legally abroad, within the scope of POCA, thereby creating an issue for U.K. the sale of shares or assets and collection of dividends outside the U.K. “Criminal conduct”, under s340(2) of POCA, is conduct which constitutes an offence in any part of the U.K.

Legalization 40

Legalization Banking Compliance Compliance 40

Cannabis Law Report

NOVEMBER 23, 2019

The Company continues to work towards a definitive agreement with LUX, and expects the Altai Acquisition to be completed by the end of Q4 2019. (2). The Company is indirectly involved in the manufacture, possession, use, sale and distribution of cannabis in the recreational and medicinal cannabis marketplace in the United States.

Legalization 59

Legalization Retail Research and Development Cultivation 59

Greenspoon Marder Cannabis Law Group Blog

JUNE 25, 2021

The courts have consistently held that marijuana dispensaries operating in compliance with state law are trafficking in controlled substances and are subject to Section 280E.[11] The Tax Court in Patients Mutual [15] Assistance Collective Coop. federal income tax law that can be nearly as costly as an unintended PFIC.

Business 72

Business Cannabis Seed-To-Sale Law 72

The Cannigma

MARCH 12, 2021

So, these same products that the recreational users are looking at almost exclusively, the high THC, which means kind of by definition, there’s going to be very little of anything else in there, is very different from the multi compound products that the medical users are looking for. So, I think that will definitely help.

Legalization 128

Legalization Patients Education Dispensary 128

SpeedWeed

MARCH 24, 2021

Then you compound that with the fact you’ve gotten federal law different from state law. Now, taking this back a step and up a level, in order for, let’s say, you to operate in a state, you’ve got to deal with a collection of stakeholders like banks, regulators, trade groups, yourself.

Compliance 52

Compliance Compliance Banking Data 52

The Cannigma

NOVEMBER 23, 2021

In our conversation with Otha, we talk about how Tetragram has been able to help its patients, how federal and state laws affect access to medical cannabis and what we can expect of government legislation in the coming years. CP: I try not to buy anything from Walmart but definitely not my weed. OS: Yeah, a little disclaimer.

Data 52

Data Patients Access Wellness and Beauty 52

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. State-compliant cannabis activity would no longer violate federal criminal law. B) Definition.— Emphasis added).

Banking 45

Banking Law Marijuana State Laws 45

Cannabis Law Report

NOVEMBER 15, 2021

This would revolutionize markets in states, which, given the federal prohibition, are currently able to discriminate against interstate commerce. Descheduling would mean that state laws can no longer do so, as it would violate the Dormant Commerce Clause of the U.S. An often overlooked part of excise taxation is tax definitions.

Retail 52

Retail Treatment THC Business 52

NORML

MARCH 26, 2019

Our research has found that marijuana in legalized states can increase crime, negatively impact public health, place additional strain on social services, fail to eradicate criminal enterprises, and that expenditures often outpace revenue collection. Phase 1: Achieve passage for limited medical use.

Marijuana 253

Marijuana Decriminalization Policy Legislation 253

Cannabis Law Report

NOVEMBER 15, 2021

Today, I intro’d the #StatesReformAct a turnkey federal tax and regulate framework for existing state laws. As a result, many financial institutions have chosen not to offer accounts to businesses they believe are involved in the marijuana industry, even if they are fully licensed and compliant under state law.

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Programs Food Business Seed-To-Sale 98