Canna Law Blog

SEPTEMBER 29, 2023

Conflict preemption is a doctrine that finds a state law invalid if it contradicts federal law – i.e., when it is impossible to comply with both state and federal law. Imagine a state law that said you did not have to comply with a federal law. So according to DEA, delta-8 is illegal.

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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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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.

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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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Canna Law Blog

AUGUST 30, 2020

Many state law enforcement agencies simply mistook hemp for an illegal controlled substance. Here’s a good example: New York law enforcement apparently arrested and charged a person transporting hemp that they thought was illegal cannabis (apparently the company is now suing). All for what?

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Hemp Agriculture Extraction THC 98

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. This DEA guidance and the Kansas opinion both suggest legality for some hemp-derived delta-8 products under the 0.3

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Cannabis Law Report

MARCH 3, 2022

He reportedly said definitively at the event that “CBD works.”. Also in spite of pleas to reduce the racially disparate crack-cocaine sentencing disparity, for example, the former president took no action to remediate the issue.

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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. SB 315 may have another chance this year but has come with some controversy.

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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. Labs that test cannabis for THC levels must be registered with the DEA. Bottom line. We’ve just begun to scratch the surface.

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The Joint Blog

JUNE 4, 2021

Schedule I drugs like heroin, Lysergic Acid Diethylamide (LSD), and ecstasy are strictly regulated by the Federal Government but Marijuana has be made an exception in some states. Marijuana is also classified as a Schedule I drug but it has been given the approval for medical and recreational at some state levels.

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Cannabis Law Report

JULY 28, 2021

The 2018 Farm Bill carved “hemp” and its derivates from the definition of marijuana in the CSA. The DEA, which enforces the CSA, has indicated that it may consider delta-8 derived from hemp to be a “synthetically derived tetrahydrocannabinol” which still belongs on Schedule I of the CSA. ” See 7 U.S.C.

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MedicalJane

JUNE 29, 2018

Doctors may not prescribe cannabis products to patients because marijuana is currently listed as an example of a Schedule I drug according to the DEA. State laws will set the guidelines for qualifying a practitioner. Depending on where you live, a medical practitioner will either certify or recommend the use of cannabis.

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Project CBD

AUGUST 23, 2023

Within that definition, are two critical phrases: “all derivatives” and “whether growing or not.” “All Explicitly exclude novel synthetic compounds from the hemp definition and subject them to FDA oversight. Indeed, in state cannabis markets, THCA is always included in the definition of THC and the calculation of total THC.

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Cannabinoids Hemp THC Safety 141

CannaMD

SEPTEMBER 15, 2020

To fully understand this definition, you also need to know two other legal definitions: Medical marijuana treatment center. Allison Malsbury of Canna Law Group describes the practical risk of traveling between states with medical marijuana: From a legal perspective, it’s very cut and dried. Qualified patient.

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Cannabis Law Report

MAY 1, 2019

Uncertainty is of little help to those who might want to sell advertising services to cannabis businesses, but who definitely want to avoid federal prison. If “the life of the law is experience,” 24 then our experience of the federal government’s application of these laws may provide some hope. ” 23.

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Cannabis Law Report

NOVEMBER 2, 2021

Of the 51 products tested, 11 had delta-9 levels definitively below the 0.3% Five of them used an age verification form , which is in compliance with the FDA age requirements and state laws, where the customer has to upload a photo of a government ID, and the other required a signature on delivery of the package. percent.”.

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Canna Law Blog

MARCH 4, 2020

The FDA doesn’t have any regulations on point for the control and oversight of ketamine clinics when it comes to infusion therapy and the states don’t really either. Failure to follow these very specific legal directives can lead to immediate criminal liability under federal law.

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Therapy Legalization Chronic Pain DEA 90

Canna Law Blog

MARCH 4, 2020

The FDA doesn’t have any regulations on point for the control and oversight of ketamine clinics when it comes to infusion therapy and the states don’t really either. Failure to follow these very specific legal directives can lead to immediate criminal liability under federal law.

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Canna Law Blog

NOVEMBER 16, 2021

The enforcement role moves from DEA to ATF. When it comes to enforcing federal cannabis regulations, the Drug Enforcement Administration (“DEA”) is out and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is in (in addition to TTB as the primary overseer). Age limits (21).

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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).

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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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