Cannabis Law Report

MARCH 17, 2020

Federalism and the current conflict between federal and state law. As of October 16, 2019, 34 states have legalized the medical the use of marijuana. Thirteen additional states have legalized the medical use of low THC marijuana. Also, eleven states have legalized the recreational use of marijuana.

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Compliance Compliance State Laws Law 59

SpeedWeed

JULY 20, 2021

The House will pass legislation early next year to put this question before the voters but we need to start looking at changes needed to State law now.”. Maryland legalized cannabis for medicinal purposes in 2013, but despite strong support for continued reform, recreational marijuana is still illegal.

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Legalization Legislation Recreational Cannabis 52

Cannabis Law Report

SEPTEMBER 23, 2022

This is notable because similar other bills in California (see, SHIP Act ) and other states (see, Oregon Senate Bill 582 ) make these permissions contingent upon the amendment of federal law.

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Law Business Cannabis State Laws 52

Cannabis Law Report

JANUARY 16, 2019

Barr intends to respect state marijuana laws if he is confirmed as our next attorney general. His reference to the Cole memo suggests that he will maintain the policy of non-interference that has existed since August 2013. This is not only a sensible decision, but is one supported by a vast majority of Americans. “We

Media 55

Media Policy Law Cannabis 55

Cannabis Law Report

MAY 30, 2019

Sadly, the Supreme Court rejected the Arizona Appeals Court’s common-sense reasoning and its sound conclusion that hashish is a form of cannabis, which state law defines as distinct from the dried marijuana leaves. Indeed, it’s a difference that dispensaries promote. BACKGROUND ON THE CASE.

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Extraction THC Medicine Concentrates 49

Canna Law Blog

SEPTEMBER 3, 2020

This case also tells us (to a certain extent) that the feds are still paying attention primarily to allegedly black market drug trafficking that violates the rescinded 2013 Cole Memo principles. Finally, and as always, state law compliance still reigns supreme when it comes to federal enforcement priorities.

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DEA Compliance Compliance Law 97

Cannabis Law Report

JUNE 6, 2019

CBD is safe to use for human and animal consumption), and the issue of including CBD as a food ingredient/additive or dietary supplement under California state law will be resolved. Later, Mr. Goggin led the industry effort with Senator Mark Leno in 2013 to finally pass California’s Industrial Hemp Farming Act after three vetoes. .

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Hemp Legislation Food Consumption 66

Canna Law Blog

SEPTEMBER 24, 2020

Foreign investors though have a special set of issues to deal with when it comes to cannabis, and they don’t necessarily stem from state law licensing issues.

Business 72

Business Cannabis Legalization Law 72

Canna Law Blog

NOVEMBER 13, 2021

With the passage of SB 420 , this collective system was formalized and, with the advent of the 2008 Guidelines issued by the State Attorney General’s Office, more details around “compliance” and best practices were provided; but it was nothing like we have today under Prop. 64 and MAUCRSA. Enforcement.

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Compliance Compliance Programs Collective 76

Canna Law Blog

MARCH 19, 2019

There is actual law on the books for cultivation, but it mostly sat there for a few years and is only now coming to light. To understand the current state of hemp cultivation in California, we need to look back a few years. In 2013, California passed Senate Bill 566 , the California Industrial Hemp Farming Act (or “CIHFA”).

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Cultivation Hemp Agriculture Food 73

Canna Law Blog

SEPTEMBER 28, 2019

A recent federal court decision addresses the relationship between the Controlled Substances Act, the Individuals With Disabilities Education Act (“IDEA”), and state laws permitting the medical use of cannabis. Student”) was born in 2013. The ruling is Albuquerque Public Schools v. Sledge , Civ. 18-1029 KK/LF, Civ.

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Education Oil DEA Cannabis 60

Cannabis Law Report

JULY 31, 2019

In 2012, Washington and Colorado became the first two states to legalize marijuana for recreational use. [8] 8] Since then, nine other states – including Alaska, California, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, and Vermont – and the District of Columbia have also legalized recreational marijuana use. [9].

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Law Legalization Marijuana Policy 40

Connor & Connor PLLC

JULY 5, 2018

11 One of the first airports to take such a stance in a state with legal recreational marijuana was Denver International Airport in Colorado. 12 In some instances, federal funding may be used to coerce states and entities to comply with federal goals.

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Marijuana Recreational Law Legalization 45

Cannabis Law Report

NOVEMBER 22, 2019

But again, like law enforcement challenges with breathalyzer results, arguments related to recent use could end up in the courts on the issue of impairment. There is also the caveat that there may be protections for the medical marijuana user/employee under local or state laws or appellate caselaw. 141 (2013); Birchfield v.

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Research and Development Law Collective Concentrates 71

Cannabis Law Report

AUGUST 30, 2019

Even the federal government is beginning to change course: Early this year, President Obama predicted that if enough states decriminalize marijuana, Congress might remove it from the list of Schedule I drugs, and he has informed officials in Washington and Colorado that the Justice Department will not prosecute anyone who complies with state laws.

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Packaging Agriculture Concentrates Recreational 45

Cannabis Law Report

OCTOBER 24, 2019

By challenging the IRS’s overly aggressive interpretation of the tax law as it applies to cannabis businesses operating legally under State law, we have succeeded in reducing Harborside’s liability from the $36 million originally sought by the IRS to approximately $11 million – a $25 million reduction.

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Dispensary Packaging Cannabis Retail 45

Cannabis Law Report

MAY 26, 2022

Instead, adult-use dispensaries in the state are proving the system works by checking IDs as required by state law. 2010, Elvik, 2013, Hartman and Huestis, 2013, Rogeberg and Elvik, 2016). A new study disproves the theory that dispensaries make it easier for teens to get cannabis. 2012, Calabria et al.,

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Dispensary Research and Development Safety Recreational 52

Miss Marijuana

APRIL 23, 2019

I have been off pharmaceutical anti-depressants since 2013, after spending the past 15 on. I am currently running a small CBD business called Cook Proper and within that business I help teach medicinal card holders how to use their medicine without having to roll a joint (which is illegal by PA state law).

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Business Oil Education Medicine 15

Cannabis Law Report

AUGUST 8, 2019

However, individual states have enacted legislation permitting exemptions for various uses, mainly for medical and industrial use but also recreational use. This has not changed federal law; the Department of Justice has instructed prosecutors to refrain from prosecuting by way of the Cole Memorandum , issued in August 2013 to all U.S.

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Legalization Banking Compliance Compliance 40

Cannabis Law Report

OCTOBER 12, 2021

In 2013 after divesting of the As Seen on TV brand, Kevin joined the board of directors of an emerging start-up in the functional beverage space; Celsius Holdings Inc. He has worked with amazing celebrities like Billie Mays , Tony Little , Jack Lalanne , and George Foreman to name a few.

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Extraction Business Hash Events 52

Cannabis Law Report

MAY 1, 2019

Whether and how state and federal laws apply is necessarily fact-dependent, and deciding whether to move forward requires review of the specific facts at play and the application of federal and state law to those facts. Follow State Law (and Require that Customers Do Too). 230(e)(1). 11 21 U.S.C. §

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Legalization Business Law Cannabis 45

Cannabis Law Report

DECEMBER 1, 2019

This conflict between federal and state law has raised concerns among CPAs providing services to the marijuana industry. States Legalizing Marijuana. Barr also noted that Congress needs to make a decision as to whether federal law should be changed or followed. 15, 2019, [link] ).

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Marijuana Business State Laws DEA 59

The Joint Blog

JUNE 11, 2019

This act set the framework and blueprint for the future laws of the rest of the United States. From 1998 to 2013, a total of nineteen more states and the District of Columbia passed similar legislature enabling the use of medical marijuana. Supreme Court Ruling of 2005 – Federal Prosecution Possible.

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Law Marijuana Seed-To-Sale Medicine 36

SpeedWeed

SEPTEMBER 7, 2021

A state-authorized trademark would protect the company’s logo at least within the borders of Arizona, giving the brand “a small amount of protection,” Slosburg said. And state trademarks are available in Arizona because cannabis is legal according to state law. So pirates simply operate in other states.

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Vaping DEA Oil Packaging 52

Canna Law Blog

FEBRUARY 12, 2019

However, now that Sessions is out at the helm of the DOJ, industry folks can breathe a little easier where new Attorney General nominee William Barr has gone on record stating that state-law abiding cannabis businesses will not be prosecuted by the DOJ and essentially that the 2013 Cole Memo will be back from the dead.

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Policy Law Marijuana State Laws 58

Canna Law Blog

OCTOBER 31, 2021

Still, we have the 2014 FinCEN guidance to help the industry along where state-licensed, law abiding cannabis businesses can try to secure bank accounts with financial institutions that follow that guidance. remain federally illegal despite state law otherwise allowing licensed commercial cannabis activity.

Banking 98

Banking Cannabis Business Legalization 98

Cannabis Law Report

JULY 16, 2021

It would also affirm that cannabis business owners who comply with state law would be eligible for essential financial services, vital to the industry’s job-creation potential. Insa is a vertically integrated state-of-the-art cannabis organization. About Insa.

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Legislation Legalization Treatment Business 105

Canna Law Blog

APRIL 5, 2023

And when I talk about enforcement, I’m not talking about throwing people in jail for violating the Medicinal and Adult Use Cannabis Regulation and Safety Act– that isn’t even really possible anymore under state law. The problem with the interstate cannabis agreements is the federal government.

Banking 76

Banking History Dispensary Legalization 76

Canna Law Blog

FEBRUARY 18, 2020

At this point, it probably feels to most people like the federal government is standing down when it comes to state-legal cannabis and cannabis businesses. It started back in 2013 with the Cole Memo when U.S. Attorneys to go after state-legal cannabis according to the resources and priorities in their own jurisdictions.

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Business Cannabis Law State Laws 122

Canna Law Blog

AUGUST 2, 2020

Keep in mind that to warrant federal attention at this point (at least per the rescinded 2013 Cole Memo and U.S. A/G Barr’s testimony regarding the same) a cannabis business would likely need to be engaged in fairly serious criminal conduct beyond just trafficking in cannabis pursuant to a state-issued license.

DEA 98

DEA Business Compliance Compliance 98

Connor & Connor PLLC

MARCH 9, 2018

In 2013, the Nevada Legislature authorized a state regulated commercial marijuana industry and since then it’s been a rapidly growing business. As a schedule 1 drug under controlled substances act, it is illegal to use, possess, grow or sell marijuana under federal law. Constantly Evolving Laws.

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Law Marijuana Seed-To-Sale Business 51

Cannabis Law Report

FEBRUARY 25, 2020

KHB argued that KBI did not have a cognizable claim that it was the senior user of the KIVA mark because (a) its products are illegal under federal law and (b) KBI was not formed until 2014 and so could not demonstrate consistent use of its marks before 2013, when KHB began use.

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Law Cannabis Food State Laws 59

SpeedWeed

MARCH 10, 2021

. “I do think we need to be sure there are no end-runs around the state laws that criminal enterprises are doing. But I don’t think it’s a good use of our resources, where states have already authorized. That only confuses people, obviously, within the state.” So that kind of enforcement should be continued.

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Policy Decriminalization Cannabis Marijuana 52

Canna Care Docs

JANUARY 4, 2018

attorneys from seeking federal legal action against individuals and businesses who engage in marijuana activities (except for some very specific circumstances) in states where medical and/or recreational marijuana is legal by state law.

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Marijuana Patients Business Legalization 75

SpeedWeed

DECEMBER 28, 2018

It was fast tracked through the approval process in response to parents of severely epileptic children pushing for a way to legally use CBD, after seeing it work wonders for children profiled in a 2013 CNN documentary called Weed , hosted by Dr. Sanjay Gupta. All because federal law still sees him as a wonton criminal.

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Pharmaceutical Research and Development Legalization CBD 40

Canna Law Blog

JUNE 26, 2020

In a 2016 Canna Law Blog post , Hilary Bricken outlined this phenomenon by listing some of the approaches taken by the federal government: It’s no secret that in the wake of the 2013 Cole Memo federal agencies greatly vary in how they treat marijuana businesses.

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Cannabis Business Law Marijuana 82

NORML

JANUARY 15, 2019

In January of 2018, former Attorney General Jeff Sessions rescinded what is known as the Cole Memo , a 2013 Justice Department memorandum, authored by former US Deputy Attorney General James Cole to US attorneys in all 50 states.

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Programs Legalization Marijuana Policy 276