Cannabis Law Report

DECEMBER 14, 2019

On December 3, 2019, four federal agencies, in consultation with state banking regulators, clarified the legal status of hemp growth and production under the Bank Secrecy Act (BSA) for banks 1 providing financial services to hemp-related businesses. state and federal regulation of marijuana. Background.

Hemp 59

Hemp Business Banking Agriculture 59

Canna Law Blog

DECEMBER 24, 2019

We have practiced in the space ever since the 2014 FinCEN guidelines were issued and it’s been slow going for the most part. The number one question we have received lately is: “do you know a bank or credit union that will bank my hemp-CBD business?” ” The answer to this question, in short, is probably not.

Banking 73

Banking Hemp CBD Cultivation 73

Canna Law Blog

FEBRUARY 22, 2019

Earlier this week, I wrote about how hemp businesses should not yet rely on the 2018 Farm Bill to protect them from their products being seized. As such, the cultivation of hemp is still governed by the 2014 Farm Bill, which allows state departments of agriculture to license the cultivation of industrial hemp.

Hemp 93

Hemp Agriculture Cultivation CBD 93

Canna Law Blog

JULY 31, 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. What that means for the California hemp industry is not clear.

Hemp 56

Hemp Agriculture Cultivation Law 56

Canna Law Blog

OCTOBER 29, 2019

Department of Agriculture (“USDA”) released its interim hemp rules. Stakeholders will have 60 days to submit comments on the interim hemp rules. The 2018 Farm Bill requires states and Indian Tribes to submit hemp cultivation plans to the USDA. Hemp producers may not harvest before samples are taken.

Hemp 66

Hemp THC Compliance Compliance 66

Canna Law Blog

JULY 5, 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. States are (mostly) consistent when it comes to hemp production.

Hemp 65

Hemp CBD Seed-To-Sale Agriculture 65

Canna Law Blog

JULY 7, 2020

Last week, the Financial Crimes Enforcement Network (FinCEN), issued new guidance (the “FinCEN Guidance”) for financial institutions working with hemp-related businesses. Readers of this blog know that the 2018 Farm Bill does not take away the FDA’s ability to regulate hemp products, including hemp-CBD.

Banking 54

Banking Hemp Compliance Compliance 54

Canna Law Blog

SEPTEMBER 1, 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. Each Sunday we will summarize a new state in alphabetical order.

Hemp 68

Hemp CBD Seed-To-Sale Cultivation 68

Canna Law Blog

AUGUST 23, 2019

Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with state law. That has made it very difficult for many hemp and hemp-derived CBD (“Hemp-CBD”) businesses to access bank accounts. That is changing.

Hemp 69

Hemp Business Cultivation Banking 69

Canna Law Blog

DECEMBER 5, 2019

The tides have been rapidly changing for hemp companies to gain access to banking, which has not traditionally been available to hemp companies due to the fact that hemp was (sort of) federally illegal until about a year ago. But still, many financial institutions have been hestitant when it comes to servicing hemp clients.

Banking 64

Banking Hemp Compliance Compliance 64

Cannabis Law Report

JULY 28, 2021

A notable exception has been the crackdown on Delta-8 THC, which is derived from hemp. Several states, including New York, have moved to ban the manufacture and sale of the substance. But that is only the tip of the iceberg for regulation of hemp and hemp derived substances. It defines hemp as “cannabis sativa L.

THC 105

THC Hemp CBD Cannabinoids 105

Cannabis Law Report

SEPTEMBER 10, 2019

Citing growth in hemp-related commerce, the NCUA emphasized the need for credit unions to understand the gamut of regulation across jurisdictions in order to lend lawfully to hemp-related businesses. First , as of December 20, 2018, hemp is no longer designated as a federally controlled substance.

Hemp 45

Hemp Business Compliance Compliance 45

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.

Hemp 52

Hemp CBD Research and Development Packaging 52

Canna Law Blog

APRIL 15, 2019

We get a ton of questions about whether it’s legal to import hemp into the U.S. the mature stalks and seeds incapable of germination) is not in violation of the CSA or related laws and regulations specific to importing goods. That limited exception doesn’t cover other parts of the cannabis plant, including hemp flower.

Hemp 65

Hemp Agriculture THC Cultivation 65

Cannabis Law Report

FEBRUARY 8, 2020

Department of Agriculture (USDA) today announced the availability of two programs that protect hemp producers’ crops from natural disasters. We are pleased to offer these coverages to hemp producers. The MPCI pilot insurance is a new crop insurance option for hemp producers in select counties of 21 states for the 2020 crop year.

Programs 59

Programs Hemp Seed-To-Sale Agriculture 59

Cannabis Law Report

DECEMBER 11, 2019

. “The agency governing New York’s hemp industry “does not always follow established practices” when reviewing applications, inspecting growers and sampling the levels of the intoxicating ingredient in the cannabis plant, an audit from the state comptroller’s office found.”

Agriculture 59

Agriculture Hemp Research and Development Programs 59

Canna Law Blog

NOVEMBER 16, 2023

My law firm has done a series of these for credit unions (“CU”s) and other financial institutions (“FIs”) going back to 2014. We have also handled a good bit of hemp banking work – mostly in 2019 and 2020 before that industry cratered. We are helping build out another cannabis banking program here in Oregon.

Banking 79

Banking Business Cannabis Hemp 79

Canna Law Blog

JANUARY 3, 2023

Until recently, CBD resided in a legal penumbra where hemp was still scheduled on the federal Controlled Substances Act and could not be cultivated without a permit from the Drug Enforcement Administration (“DEA”). Instead, it recognizes FDA’s authority to regulate products containing hemp-derived products, including CBD.

CBD 75

CBD Food Clinical Trials Pets 75

The Blunt Truth

NOVEMBER 28, 2018

State law allows employees to use CBD oil, while other laws allow employers to fire workers for using it. Did the CBD oil come from marijuana or hemp? Both marijuana and hemp are plants that come from the “cannabis” family. 3% of THC in hemp ( you can’t get high from.3%

Oil 70

Oil CBD Legislation Hemp 70

Canna Law Blog

FEBRUARY 25, 2019

This post provides an overview of the regulatory framework of alcoholic beverages, including pre-manufactured industrial hemp-infused drinks and “homemade” alcoholic drinks infused with CBD oil or extracts. Pre-Manufactured Alcohol Beverages Infused with Hemp. Drinks Infused with CBD Oil or Extracts.

CBD 85

CBD Seed-To-Sale Legalization Hemp 85

Cannabis Law Report

OCTOBER 31, 2019

The vote on the bill, which also includes new hemp and CBD-related language, was 84 to 9. The medical cannabis provision in question prohibits the Department of Justice from using its resources to prosecute individuals acting in compliance with state laws. The rider has been in place and renewed each year since 2014.

Environment 45

Environment Agriculture Compliance Compliance 45

The Blunt Truth

JULY 5, 2023

Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Minnesota’s new law joins the growing number of jurisdictions, most recently in New York, Montana, and Washington D.C., Dish Network, LLC (Colorado 2015) and Ceballos v. NP Palace, LLC (Nevada 2022).

Law 52

Law Recreational Policy Treatment 52

Canna Law Blog

JANUARY 29, 2020

And with good reason–in December 2014, the federal government announced that when it came to cannabis, it would not essentially treat Native American Tribes as it treats the states. Meaning, cannabis in Indian Country would not be a major enforcement priority similar to the states pursuant to the August 29, 2013 Cole Memo.

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Cannabis Business Law Hemp 117

Cannabis Law Report

AUGUST 26, 2019

The rift between federal and state law has left banks trapped between their mission to serve the financial needs of their local communities and the threat of federal enforcement action. Leveraging ABA’s Expertise & Resources: The Farm Bill, Hemp Legalization & Banking. RELATED TRAINING & EVENTS.

Banking 59

Banking Cannabis Events Law 59

Cannabis Law Report

FEBRUARY 26, 2019

He advises on mergers and acquisitions, negotiating complex contracts and corporate governance, as well as regulatory compliance in the emerging cannabis and hemp industries. District Court in Idaho delivered some bad news to the owners of the contents of a tractor trailer recently seized by the Idaho State Police.

Agriculture 45

Agriculture Hemp Sativa Compliance 45

WeedAdvisor

MAY 16, 2019

Extracting it from industrial hemp, not marijuana, allowed them to hide in a legal grey area. This is because, despite the 2014 Farm Bill allowing for the production of industrial hemp (cannabis with a THC content of 0.3% Hemp ( cannabis sativa L. ) marketing it as a health product. Now, anyone can sell it.

Retail 53

Retail CBD Sativa Research and Development 53

SpeedWeed

JULY 20, 2021

So much is changing in the cannabis industry that it can be challenging to keep up with the latest national and state-by-state laws and business insights. It’s easy to find recent content about specific states, regions, and topics. Something went wrong while submitting the form. Ganjapreneur. Thought leader news.

Topical 52

Topical Media Data Business 52

Cannabis Law Report

SEPTEMBER 15, 2022

While the District of Columbia (#17) has allowed medical marijuana since 2010 and adult-use cannabis since 2014, the sale of cannabis for recreational use remains prohibited. However, the future of cannabis law in D.C. Adults may possess two ounces of marijuana and grow up to six plants. is dependent on the U.S.

Recreational 52

Recreational Legislation Research and Development Retail 52

Canna Law Blog

APRIL 25, 2020

Although stories of struggling cannabis businesses—whether marijuana or hemp —are becoming all too commonplace, that UCANN even filed for federal bankruptcy protection is worth some attention. We’ve been tracking this issue since 2014 when the odds of a cannabis company obtaining bankruptcy protections were “none to none.”

Business 55

Business Law Cannabis Marijuana 55

SpeedWeed

AUGUST 16, 2021

Many smaller farmers have been cultivating hemp in the state since the passage of the 2014 Farm Bill, Ralston said, and while they may have the infrastructure needed to grow cannabis and produce the low-THC oil, many did not have the required cash on hand to apply for a license.

Oil 52

Oil Dispensary Patients THC 52

Cannabis Law Report

JULY 31, 2019

Dish Network, LLC , the Supreme Court of Colorado analyzed whether a state statute prohibiting employers from discharging employees based on “lawful” out-of-work activities prevented employers from terminating employees for using marijuana. [16] 4, 2014); California Proposition 64 : Adult Use of Marijuana Act (Cal.

Law 40

Law Legalization Marijuana Policy 40

Cannabis Law Report

DECEMBER 27, 2021

Given the territorial nature of trademark law, it may even be that counterfeiters in illegal states have a head start as to priority, as compared with the original companies that created the marks but operated strictly in accordance with state law. The treatment of hemp trademarks is also instructive. at 310, 319.

Legalization 69

Legalization Decriminalization Cannabis Packaging 69

Cannabis Law Report

NOVEMBER 2, 2021

We got 51 hemp-derived Delta-8 THC products tested by an independent lab, and found high levels of Delta-9 THC in most of them. in the Watermelon Pot Rocks from Hemp Living – right through to a massive 23.17% in the Blueberry Muffin disposable vape pen from Dope. And a senior chemist at PharmLabs said: “It’s the hemp black market.

THC 96

THC CBD Legalization Vaping 96

Cannabis Law Report

FEBRUARY 18, 2020

The first mentions of marijuana in the state date back to the 1850s when the New York Daily News published a letter labeling cannabis as “East-Indian hemp” that could be used as an effective antidote for the poison of rabies. Cannabis laws vary greatly by state. History of Marijuana Legislation in New York. Conclusion.

Marijuana 59

Marijuana Consumption Dispensary Vaping 59

Cannabis Law Report

APRIL 13, 2022

The use of cannabis for medical purposes has been permitted in New York since 2014. The licensing of New York hemp farmers to grow cannabis crops was just authorized in February of this year. New York on Cannabis. Its recreational use was legalized only recently, in March of 2021.

Business 52

Business Cannabis Law Decriminalization 52

Cannabis Law Report

MAY 28, 2019

The Department of Defense makes no exceptions for active or reserve duty personnel for medical marijuana use, even if such use is legal under applicable state laws. Veterans remain caught in the middle ground between states expanding medical marijuana programs and the regulatory inertia of the federal government. [38].

Access 49

Access Marijuana Research and Development Programs 49

Canna Law Blog

SEPTEMBER 6, 2020

It’s admirable of California to make it official that financial institutions (and accountants) don’t commit any crimes under state law by virtue of servicing cannabis businesses. There’s one issue though: federal law. No hemp CBD bill (again).

Banking 63

Banking Pets Cultivation Legislation 63