Canna Law Blog

NOVEMBER 16, 2023

In that piece, I also explained that FIs don’t really use the SBA definitions set forth above. Instead, early, state-chartered CUs began using a three-tiered system to analyze potential MRB clients within the FinCEN framework. Cannabis dispensaries, cultivators, processors and testing facilities all fall under this definition.

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Banking Business Cannabis Hemp 83

The Blunt Truth

JULY 5, 2023

Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis for recreational purposes, after Minnesota Governor Tim Walz signed a state law allowing adults 21 and older to use recreational cannabis. The new law amends the state’s Consumable Products Act to protect off-duty cannabis use.

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Law Recreational Policy Treatment 52

Cannabis Law Report

JUNE 11, 2021

Nonetheless, while the use of ketamine to treat mental health issues is definitely an emerging area in medicine, it’s place in the healthcare regulatory world is already well-established and failure to comply accordingly has serious consequences. This answer depends on state law. That’s about it though. Source: [link].

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SpeedWeed

APRIL 27, 2021

D-8 is legal federally, and most state laws don’t specifically address it. It’s definitely exploded,” she told Leafly. There’s big enthusiasm [for Delta-8] in the Southeastern states, the Carolinas, the Dakotas, Texas, anywhere…where people can’t get high legally.”. States already closing loopholes.

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Legalization DEA Supply Chain Hemp 52

Cannabis Law Report

JULY 26, 2021

There is no federal definition for synthetic derivatives, which has created quite a bit of confusion over the federal legality of Delta-8. Recall the National Cancer Institute’s definition describing Delta-8 as an analogue of THC with properties that affect the central nervous system where it is processed.

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THC Agriculture Hemp Extraction 105

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.

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Policy State Laws DEA Legislation 100

NORML

FEBRUARY 22, 2019

Legislation is pending, House Bill 2149, to amend the definition of “cannabis” under the 2010 voter-approved medical marijuana law. Senate Bill 1003 / House Bill 2273 to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations. AZ resident?

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Legislation Hemp Compliance Compliance 181

Canna Law Blog

APRIL 19, 2020

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. For previous coverage in this series, check out the links below: Alabama.

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Hemp CBD Retail Agriculture 53

Canna Law Blog

JANUARY 6, 2023

It’s hard to read the tea leaves in a lot of cases – inspections can be a prelude to enforcement, but they can also be a way for the agencies to spur compliance without clogging up the court system. Under state law, CDTFA collected both a cultivation tax and an excise tax. California expanded medical deliveries.

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Collective Hemp Cannabis Programs 75

SpeedWeed

MARCH 11, 2021

Although all hemp-derived cannabinoids, including hemp-derived Delta-8 THC, seem to fall squarely within the definition of hemp enacted under the Agriculture Improvement Act of 2018 (the “ 2018 Farm Bill”) , uncertainties remain regarding the federal legality of cannabinoids like Delta-8 THC that are derivatives of other hemp-derived cannabinoids.

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THC Business DEA Cannabinoids 52

Canna Law Blog

APRIL 15, 2019

We do know that the Drug Enforcement Administration has confirmed that the importation of cannabis plant material that falls outside of the Controlled Substance Act’s definition of “marihuana” (e.g., CBP also stated that “hemp flowers” are not excluded from the CSA definition.

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Hemp Agriculture THC Cultivation 67

Cannabis Law Report

DECEMBER 14, 2019

Because federal law prohibits the distribution and sale of marijuana, the 2014 Guidance clarified that financial transactions involving marijuana-related businesses (even those properly licensed under state law) would generally involve funds derived from illegal activity, which would typically trigger a SAR filing.

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Hemp Business Banking Agriculture 59

MJ Business Attorneys

DECEMBER 27, 2018

3% THC or less from the Controlled Substances Act (CSA) entirely and designates such as the definition of hemp. 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. What It Means.

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Hemp Seed-To-Sale Food THC 165

Canna Law Blog

OCTOBER 29, 2019

” The USDA provides additional context on this concept: The definition of “acceptable hemp THC level” explains how to interpret test results with the measurement of uncertainty with an example. This appears to require Total THC testing, which includes THC-A, and as has been implemented in Oregon. Because 0.3% Because 0.3% Bottom line.

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Hemp THC Compliance Compliance 68

The Blunt Truth

JUNE 8, 2020

There is a state law trend towards requiring employers to prove impairment to justify adverse action based on marijuana use. Given that marijuana legislation is sweeping the nation, many employers are presently updating their policies and procedures as they expect to see increased marijuana usage among their employees.

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Marijuana Policy Compliance Compliance 99

Greenspoon Marder Cannabis Law Group Blog

SEPTEMBER 25, 2019

As a related side note on hemp, although the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”) removed hemp from the definition of marijuana under the Controlled Substances Act, many financial institutions and their affiliates have refrained from offering banking services to hemp businesses.

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Banking Hemp Safety Business 40

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. Nevada Cannabis Compliance Board Takes Action for Tax Payment Failures. Loan applications will be available Feb.

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Cannabinoids Retail Policy Cultivation 52

Cannabis Law Report

JUNE 28, 2021

federal law, nor will it provide a defense to any federal proceeding which may be brought against the Company. million (the “Agreement”).

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Retail Events Business Law 105

Canna Law Blog

JUNE 14, 2020

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. Act 68 , which revised the state laws to align with the 2018 Farm Bill.

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Hemp CBD Research and Development Packaging 52

Cannabis Law Report

APRIL 28, 2022

Jay Kotzker is a Partner at Parlatore Law Group where he focuses on intellectual property and cannabis business law. He is a member of the BIPOCANN, the Cannabis Section of the Colorado Bar Association, and the Colorado and New York State Bar. What, exactly, this would look like in actual practice is yet to be seen.

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Dispensary Cannabis Compliance Compliance 52

Cannabis Law Report

JULY 7, 2022

For so long as cannabis remains illegal at the federal level, cannabis businesses operating in full compliance with state law will not enjoy the full scope of protections as brands that are operating in legalized industries. Johnson , Dyan Finguerra-DuCharme and Andy Goldwasser. Pryor Cashman LLP. 115-334 , 132 Stat.

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Cannabis Law Business State Laws 52

Canna Law Blog

JANUARY 22, 2019

The [MCSB] may approve the addition of the owner, deny the addition of the owner, or condition the license as appropriate, to be determined on a case-by-case basis; An owner shall notify the [MCSB] through [the state agency’s online system] of any change in their owner information. New product definitions. ” Labeling.

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Packaging Concentrates Extraction Cannabis 70

Cannabis Law Report

JULY 27, 2019

An “accidental franchise ” is a euphemism for a franchise that a brand owner knowingly or unknowingly sells in violation of federal and state franchise laws. There is no universal definition of a franchise. There are both marked and subtle differences in how franchise laws define a franchise.

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Supply Chain Programs Business Retail 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. Grassroots Federal/State Legislative Highlights. Newsworthy Highlights. Happy 2022! Montana: As of Jan.

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Dispensary Law Concentrates Patients 52

Canna Law Blog

FEBRUARY 2, 2020

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. The interim hemp rules require that hemp be tested 15-days prior to harvest.

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Hemp CBD Agriculture Cultivation 104

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.

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Access State Laws Cannabis Law 62

Canna Law Blog

APRIL 1, 2020

Compliance is suspended. This is a definite “no way.” And don’t forget that remaining open also means total compliance with any COVID-19-related operational emergency regulations. One of the first impacts of COVID-19 on the cannabis industry was to destroy pending financing for cannabis businesses.

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Business Compliance Compliance Hemp 55

Cannabis Law Report

AUGUST 19, 2021

(“Grown Rogue” or the “Company”) (CSE:GRIN) (OTC:GRUSF), a multi-state operating (MSO) cannabis company with operations and assets in Oregon and Michigan, today announced the signing of a Definitive Agreement for a joint venture between its Michigan partner, Golden Harvests, LLC (“Golden”) and Pure Extracts Technologies Corp.

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Extraction Seed-To-Sale Business Concentrates 105

Canna Law Blog

NOVEMBER 16, 2021

In the event a Tribe or State doesn’t develop a plan or the plan is rejected by USDA, then growers will just follow the overall system put together by USDA (these directives are very similar to the standards set out in the 2018 Farm Bill, legalizing hemp). Age limits (21). Federal Alcohol Administration Act control.

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DEA Business Banking Food 90

Cannabis Law Report

OCTOBER 4, 2021

TPCO Holding Corp. (“The Parent Company” or the “Company”) (NEO: GRAM.U) (OTCQX: GRAMF ), today announced that it has signed definitive agreements to acquire 100% of the equity of Coastal Holding Company, LLC (“Coastal”), a California retail dispensary and delivery operator for $16.2

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Retail Dispensary Events Conditions 52

Cannabis Law Report

AUGUST 8, 2019

investment community as to the boundaries of legal risk and compliance. Law Commission published a report, “Anti-money laundering: the SARs regime”, highlighting the need for guidance on transactions involving the legal cannabis industry in Canada and elsewhere. The law is stated as of July 2019 and is continually evolving.

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Legalization Banking Compliance Compliance 40

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. You can extend your IP licensing to a third party to help you sell the overstock.

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Business Cannabis Marijuana Legalization 40

Cannabis Law Report

JANUARY 30, 2019

“Change is most definitely in the air,” said Apfel. Most recently, in his confirmation hearings, and then again in written answers to questions posed by Congress, Attorney General Designee William Barr has stated that he would not ‘go after’ state-legalised marijuana businesses,” Apfel told Cannabis Law Report.

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Banking Hemp Business Cannabis 77

Cannabis Law Report

APRIL 8, 2019

Medicinal cannabis in Australia is regulated under a mixture of changing international, federal and state laws. Unless manufactured or sold in accordance with the NDA or state licensing regimes, cannabis remains an illegal drug in Australia. the person’s history of compliance with the NDA. State laws.

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Medicine Research and Development Business Cannabis 71

CannaMD

SEPTEMBER 15, 2020

To fully understand this definition, you also need to know two other legal definitions: Medical marijuana treatment center. Qualified patient. ” Translation? They just have to live in Florida for at least 31 consecutive days each calendar year and maintain a temporary residence.

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Law Marijuana Patients Treatment 126

Cannabis Law Report

NOVEMBER 29, 2021

” 4 Assuming completion of the Transactions as contemplated in the Definitive Agreements. The Company intends to enter into a definitive agreement with Pelorus prior to the end of 2021. With increased scale and vertical integration, we expect to be a premier operator across every stage of the cannabis value chain.”

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Business Retail Cultivation Cannabis 52

Cannabis Law Report

SEPTEMBER 25, 2019

The pilot program is unable to begin without a change in state law that first allows cities and towns to authorize social consumption in their communities. Applied the energy and environmental standards required under the adult-use cannabis program to the medical-use program; and.

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Marijuana Safety Programs Retail 40