Cannabis Law Report

APRIL 20, 2022

9-THC (the substance codified as “marihuana” by the federal Controlled Substances Act), have raised questions regarding these products’ legality under federal and state law. Notably, Georgia (like other states) has incorporated the 2018 Farm Bill’s definition of hemp into its state law. Delta-9 THC.

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Legalization THC Sativa Hemp 52

Cannabis Law Report

JUNE 3, 2021

Consistent with the definition of “hemp” under the Agricultural Marketing Act, this exception would only apply to extracts from the plant Cannabis sativa L. The bill follows the passage of several state laws and the creation of state regulations permitting the sale and distribution of dietary supplements and foods that contain CBD.

Food 100

Food Hemp CBD Extraction 100

Dykema (Cannabis Law Blog)

APRIL 20, 2023

[vi] The 2023 Texas Legislature is advancing legislation that would amend the definition of “low-THC” cannabis to a level more consistent with other states and further expand the scope of conditions that medicinal cannabis treatment may be prescribed. iv] Texas State Law Library – Cannabis and the Law – [link]. [v]

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Law Chronic Pain Conditions Medicine 74

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

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.

Banking 78

Banking Business Cannabis Hemp 78

Cannabis Law Report

AUGUST 23, 2022

The debate surrounding delta-8 THC and the proper regulation of intoxicating hemp products has accelerated greatly over the last several months, fueled by multiple court decisions, federal policy actions, and new state laws. The Ninth Circuit Finds That the Definition of Hemp Turns on Delta-9 THC Concentration. Distro, LLC , No.

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Hemp DEA THC Concentrates 52

Canna Law Blog

OCTOBER 18, 2022

We’ve written about why this expansive definition may make decisions to import not worth the risk here. United States. That even if it qualified as drug paraphernalia, it should be exempted from the import prohibition because marijuana’s status as legal under Washington State law. Eteros Technologies USA v.

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State Laws History Hemp Law 72

Canna Law Blog

OCTOBER 12, 2021

Sections 811 and 812 (as amended), regardless of whether the controlled substance is legal under any state law (for example: marijuana). Plaintiffs naturally disagreed, arguing that “total THC” has nothing to do with the definition of controlled substance in the Policy. The cannabis here involved hemp harvested in 2017 and 2018.

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Hemp CBD Policy THC 76

Dykema (Cannabis Law Blog)

FEBRUARY 22, 2022

As sovereign nations, tribes can generally make their own rules for their business ventures and members on tribal lands, with state law potentially applicable only in sharply limited circumstances. Generally speaking, tribes regulate and operate their businesses free from state regulation.

Legislation 73

Legislation Marijuana Collective State Laws 73

NORML

JANUARY 4, 2019

Steve Cohen (D-TN) and Don Young (R-AK) re-introduced the Compassionate Access, Research Expansion and Respect States (CARERS) Act, which protects those engaged in state-lawful medical marijuana programs from federal prosecution. MA resident? Click here to email your lawmakers in support of consumer employment protections.

Legislation 125

Legislation Clinical Trials Research and Development Access 125

Cannabis Chronicles

JUNE 27, 2019

The proposed changes to the code provide a definition of “marijuana.” They also reflect updates to state law, such as eliminating “collective gardens,” which were previously used for medical marijuana. On Wednesday, the proposed code changes were back before the council for a final review.

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Law Retail State Laws Business 113

Cannabis Law Report

AUGUST 1, 2022

The trial court granted defendant’s motion, finding that the definition of disability in RSA 354-A:2, IV is “contingent on the ‘disability’ not including current, illegal use of, or addiction to a controlled substance as defined in the [federal] Controlled Substances Act,” which includes marijuana.

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Law State Laws Policy Programs 52

Cannabis Law Report

JANUARY 18, 2022

The opinion reads: “Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3% total tetrahydrocannabinols (THC).

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Hemp THC Vaping State Laws 52

Cannabis Law Report

JANUARY 15, 2022

Existing law also requires hemp manufacturers who produce specified products that include industrial hemp or who produce raw hemp extract, as defined, to complete a registration process, under the State Department of Public Health, and to meet various requirements for testing and labeling on products. DIGEST KEY. 20210AB1656_99.

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Hemp Supply Chain Digestion Agriculture 52

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

DECEMBER 2, 2021

The hemp-derived cannabinoid market continues to grow and evolve despite lingering questions over federal legality and numerous state laws that try to keep pace. ” This provides CDPH with the flexibility to respond quickly to new intoxicating hemp cannabinoid products sold within the state. Your LinkedIn Connections.

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THC Hemp Concentrates Extraction 52

Canna Law Blog

MARCH 20, 2023

Howey tells us All private capital raises implicate securities laws. The definition of a security, while complex and fact-specific, in the private capital raise context is most clearly captured by the infamous U.S. Supreme Court case SEC v.

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Business Banking Compliance Compliance 73

Cannabis Law Report

SEPTEMBER 3, 2019

A state law signed by Gov. This is a high-resource-use industry, and it doesn’t have to be,” said state Rep. It definitely puts Illinois at or near the top in terms of state policies for energy and environmental performance for cultivation facilities,” he said. NPR ( St Louis Public Radio) report.

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Legislation State Laws Collective Cultivation 55

Cannabis Law Report

DECEMBER 7, 2021

The County Ordinance, however, uses definitions that diverge from existing statewide definitions, resulting in what many commentors have speculated is a broadly applicable ban on inhalable cannabis products sold at recreational marijuana premises licensed by the Oregon Liquor and Cannabis Commission (OLCC).

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Dispensary Retail Conditions Cannabis 52

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

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

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.

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Hemp Seed-To-Sale Food State Laws 52

Canna Law Blog

JUNE 15, 2023

While THCA itself is not referred to in the federal definitions of marijuana or hemp, it nevertheless plays an essential role in the determination of a products status as legal or illegal because of the conversion to THC. See the definition for decarboxylation. First, state law is also important to consider.

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DEA THC Hemp Agriculture 79

Cannabis Law Report

AUGUST 12, 2022

The Ninth Circuit found that AK Futures’ delta-8 products “fit comfortably” within the statutory definition of hemp, concluding that delta-8 may be “properly understood as a derivative, extract, or cannabinoid originating from the cannabis plant and containing ‘not more than 0.3 What about state laws banning delta-8?

THC 52

THC DEA Hemp Vaping 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 64

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.

THC 52

THC Business DEA Cannabinoids 52

Veriheal

MAY 17, 2021

Please don’t further the lie by voting for any form of legalization beyond the pharmaceutical remedies already available under state law.” ” State Doctors Oppose Legalization in Alabama. This is what he stated to attendees at the annual session of the Medical Association of the State Of Alabama on April 16th.

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Legalization Pharmaceutical Therapy Chronic Pain 93

Canna Law Blog

DECEMBER 19, 2019

Whether an NDA is needed for business or employment purposes, an effective NDA should include the following provisions: A clear definition of the confidential information that will be shared with the Receiving Party during the term of the agreement.

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Hemp Business CBD Data 66

Canna Law Blog

DECEMBER 9, 2019

have both been served with consumer class suits in California alleging that the products made by both companies violate FDA regulations and therefore violate California state law. And now, adding to the regulatory woes faced by many CBD companies, Charlotte’s Web Holdings Inc. and Infinite Product Co. 321(ff)(3)(B)]. . §

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CBD Food Hemp Topical 97

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. You get the idea.

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Hemp Law DEA Cannabinoids 99

Canna Law Blog

JANUARY 13, 2020

In 2016, the FDA finalized a rule that extended its regulatory authority to all products meeting the TCA’s statutory definition of a tobacco product, including e-cigarettes. The FDA now oversees all products “made or derived from tobacco that [are] intended for human consumption.”

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Vaping CBD Hemp Consumption 79

Cannabis Law Report

MARCH 19, 2022

Previously, a three-judge panel for the court affirmed that an insurance company fit the definition of “victim” in a case where the defendant caused damage to a vehicle while committing a theft.

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Collective Programs Cultivation Law 98

Canna Law Blog

NOVEMBER 10, 2020

Unlike with many precursor state laws, no institutional review board review is required. The question for doctors and patients will be whether these drugs are worth a look in each case scenario, and beyond that, whether dealing with Right to Try or one of the state law analogues is worth it.

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Therapy Clinical Trials Decriminalization Patients 78

Veriheal

DECEMBER 7, 2022

“Financial institutions providing banking services to legitimate and licensed cannabis businesses under state laws are subject to criminal prosecution under several federal statutes,” reads a statement from the office of Perlmutter. Due to the plant’s illegal status, banking cannabis business revenue can be tricky.

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Business Banking Advocacy Cannabis 102

Cannabis Law Report

OCTOBER 28, 2021

When the Bogards submitted an insurance claim, Country Mutual denied coverage based on the policy’s Controlled Substance exclusion, maintaining that the fire arose from a controlled substance, as defined in the policy to mean “as defined by the Federal Food and Drug Law at 21 U.S.C.A. The timing of a loss matters.

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CBD THC Policy Hemp 52

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.), ” NE St. § ” NE St. §

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Hemp CBD Agriculture Cultivation 66

Cannabis Law Report

NOVEMBER 22, 2019

Signed into law on December 20, 2018, the 2018 Farm Bill formally acknowledges that hemp, defined as the plant “Cannabis sativa L. percent on a dry weight basis,” is removed from the Controlled Substances Act (CSA) definition of marijuana. USPTO Examination Guide 1?19. To see the full article click here.

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CBD Sativa Pets Food 59