Cannabis Law Report

NOVEMBER 19, 2021

New Mexico first approved the drug’s medical use in 2007, while Picuris Pueblo decriminalized medical pot for members in 2015. A new state law in June broadly legalized marijuana for adults and authorized up to a dozen home-grown plants per household for personal use — with no weight limit. “I

Legalization 52

Legalization Decriminalization Recreational State Laws 52

Canna Law Blog

OCTOBER 12, 2022

Fundamentally, however, things are no different than in 2015. In short, if cannabis were re-scheduled, state licensed operators would still be on the wrong side of federal law, much like anyone who were to open a fentanyl store (schedule II), anabolic steroid store (schedule III) or codeine store (schedule V). Conclusion.

Legislation 84

Legislation Decriminalization Medical Evaluation Cannabis 84

Cannabis Law Report

DECEMBER 19, 2019

The appointments were a key step for patients who have been allowed to use the drug since 2015 but had no legal way to buy, grow or transport it. State law allows marijuana oil to treat severe seizures, terminal cancers, Parkinson’s disease and other illnesses.

Programs 59

Programs Marijuana Oil Patients 59

Cannabis Law Report

MARCH 19, 2020

Now that the law has finally gone into effect, however, human resources executives around the state are realizing that the real work of understanding and applying the law to their employees is just beginning. In the 2015 Colorado case, Coats v. Dish Network , an employee was fired for failing a drug test.

Legalization 76

Legalization Marijuana Law Policy 76

Canna Law Blog

AUGUST 19, 2022

The First Circuit’s decision effectively eliminates all residency requirements for becoming a cannabis licensee in the state. In 2020, the state issued policy guidance stating it would not enforce the residency requirement for cannabis licensees in the recreational marketplace. The history here was interesting.

Dispensary 84

Dispensary Cannabis Law State Laws 84

Canna Law Blog

SEPTEMBER 1, 2019

Long before that bill failed, the Idaho Attorney General issued an informal opinion (see pages 132-134) on the legality of Hemp-CBD in 2015. The Idaho Office of Drug Policy’s webpage on CBD Drug Policy indicates that Idaho’s position on CBD has not changed as of June 2019 and that the informal opinion from 2015 is still followed.

Hemp 68

Hemp CBD Seed-To-Sale Cultivation 68

Cannabis Law Report

OCTOBER 27, 2019

The Tax Court enforces federal tax laws. The Tax Court enforces federal tax laws. The Tax Court will only reluctantly consider policy. 280E applies to businesses operating legally under State law, notwithstanding its use of the word “trafficking. 280E is unconstitutional are well settled law. Judge Mark V.

State Laws 45

State Laws Dispensary Business Policy 45

SpeedWeed

MAY 14, 2021

As a sovereign nation not subject to state laws, the tribe’s decision to decriminalize cannabis possession of up to an ounce makes it the first area in North Carolina to remove marijuana possession penalties. . In 2015, the Cherokee Indian Hospital Authority invested in two new medical facilities to treat addiction.

Decriminalization 52

Decriminalization Hash Pharmaceutical Programs 52

Cannabis Law Report

MARCH 29, 2019

Prior to opening her own firm, she was appointed as Senior Policy Advisor at the Bureau of Medical Cannabis Regulation, where she developed regulations and negotiated with stakeholders regarding the implementation of the Medical Cannabis Regulation and Safety Act (MCRSA). If that’s the case, this is where the CAC should come in.

Law 45

Law Policy Programs Topical 45

Cannabis Law Report

NOVEMBER 13, 2019

The appointments were a key step for patients who have been allowed to use the drug since 2015 but had no legal way to buy, grow or transport it. State law allows marijuana oil to treat severe seizures, terminal cancers, Parkinson’s disease and other illnesses.

Programs 45

Programs Oil Patients Access 45

Cannabis Law Report

JULY 31, 2019

This article summarizes the current, confusing framework of federal statutes, state statutes, and judicial decisions addressing employers’ rights and obligations relating to marijuana use, and provides practical advice for employers in states where medical or recreational marijuana use has been legalized.

Law 40

Law Legalization Marijuana Policy 40

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.

Dispensary 45

Dispensary Packaging Cannabis Retail 45

Canna Law Blog

NOVEMBER 13, 2021

So, in 2015, the Assembly passed the MMRSA (which it later renamed the MCRSA). What licensees have to understand is that these taxes are put on these products not because of state greed. They are, among other things, a public policy deterrent to habitual use by consumers. Then in November 2016, Prop. Enforcement.

Compliance 75

Compliance Compliance Programs Collective 75

Cannabis Law Report

OCTOBER 20, 2019

PUBLISHER: CANNABIS LAW REPORT. sat on the Denver County Court bench 2000-2015. She is currently a law school professor teaching Marijuana and the Law at California Western School of Law and researcher under a contract with NHTSA and NORC on the topic of the prosecution of drugged driving cases. Kleignen, 2015.

Marijuana 45

Marijuana Pharmaceutical Chronic Pain Research and Development 45

Cannabis Law Report

FEBRUARY 19, 2022

These states haven’t made major headlines for their progressive cannabis policies, but together they constitute a major market that has, nevertheless, dipped its toe in the water. Until 2019, however, no law provided a way to access that oil. has been notably slow to uptake major reforms.

Legalization 97

Legalization Seed-To-Sale Programs Dispensary 97

MMJ Recs

DECEMBER 17, 2023

The Texas Compassionate Use Program (TCUP) represents the Lone Star State’s cautious foray into the realm of medical marijuana. Enacted in 2015, the program was designed to provide a narrow avenue for patients suffering from qualifying conditions to access low-THC cannabis under the supervision of qualified healthcare professionals.

Law 52

Law Dispensary Clinical Trials Programs 52

SpeedWeed

AUGUST 16, 2021

In 2015, Georgia legalized the possession of cannabis oil containing a maximum of 5% THC. Brian Kemp signed a bill that legalized the production and sale of low-THC cannabis oil in the state, and Ralston said Peachtree NORML followed this legislation closely. In 2019, Gov.

Oil 52

Oil Dispensary Patients THC 52

NORML

JUNE 7, 2019

“This would be a big deal in terms of changing our policies to follow states like Colorado, Washington, California, that we’ve seen move forward ending prohibition, not only stopping the arrests, as we’ve done significantly in Illinois with our decriminalization laws, but to open up the marketplace.”

Decriminalization 118

Decriminalization Patients Legislation Law 118

Cannabis Law Report

SEPTEMBER 17, 2022

United States Trustee (In re Arenas) , 535 B.R. However, the USTP has not limited its strict policy to marijuana cultivators and retailers alone. Courts have consistently barred companies or individuals that directly derive ongoing income from the cultivation or dispensing of marijuana from the protections of the Bankruptcy Code.

Business 52

Business Cultivation Access Retail 52

Canna Law Blog

APRIL 15, 2019

The 2014 Farm Bill allows for the limited cultivation of industrial hemp, but that bill requires that hemp be grown pursuant to an agricultural pilot program in compliance with state law. In November 2015, Innovative Nutraceuticals, LLC placed an order for hemp from Spain to L&M Natural Hemp.

Hemp 66

Hemp Agriculture THC Cultivation 66

Cannabis Law Report

JULY 22, 2019

In a joint op-ed in Fox Business today, American Bankers Association President and CEO Rob Nichols and Credit Union National Association President and CEO Jim Nussle called on lawmakers to resolve the existing conflict between federal and state law with respect to proceeds from cannabis-related businesses. Published July 18, 2019.

Banking 40

Banking Safety Business Legislation 40

Cannabis Law Report

MAY 1, 2019

Because cannabis remains illegal under federal law, 7 and Section 230 explicitly does not “impair the enforcement of. 9 Even under the Obama-era policy, Weedmaps might still be exposing itself to federal prosecution because it is not “demonstrably in compliance with [California’s] strong and effective. United States , 135 S.

Legalization 45

Legalization Business Law Cannabis 45

Cannabis Law Report

JULY 20, 2019

History of compliance with regulations and policies governing government regulated marijuana programs. Greenspoon Marder is a national full-service business law firm with 240 attorneys and 26 locations across the United States. We are ranked amongst American Lawyer ’s Am Law 200, as one of the top law firms in the U.S.

Law 40

Law Marijuana Education Cultivation 40

Cannabis Law Report

NOVEMBER 11, 2019

The second argument considers the voters’ intent when they passed Prop 64 and the public policy considerations connected to H&S 11362.45 states “laws pertaining to the smoking or ingesting” without mentioning possession. Considering the Voter’s Intent and Public Policy. 9, 2015), [link]. and PC 4573.6.

Consumption 75

Consumption Decriminalization Law Safety 75

Cannabis Law Report

MAY 6, 2022

Since 2015, the FDA has sent warning letters to companies allegedly illegally selling unapproved cannabinoid (CBD) products. COAs are generally issued by accredited laboratories and many states require sellers to include COAs with each cannabis or CBD product.

THC 52

THC CBD Media Food 52

Cannabis Law Report

MAY 2, 2019

Water rights based on prior appropriation quickly spread throughout the West and has been codified today in eighteen states, including Alaska, Washington, Oregon, California, Nevada, and Colorado, all states in which cannabis is now legal under state law. 2] Irwin v. Phillips , 5 Cal. 140, 145-47 (1855). [3] 15, 2019. [5]

Agriculture 45

Agriculture Cannabis Law Policy 45

Cannabis Law Report

AUGUST 23, 2021

Section 280E denies deductions and credits for amounts paid or incurred in carrying on the trade or business of trafficking controlled substances (within the meaning of Schedules I and II of the CSA), in violation of federal or state law. [13] I), supra at 309 (1982) (“There is a sharply defined public policy against drug dealing.

Business 105

Business Cannabis Law Legislation 105

Canna Law Blog

DECEMBER 23, 2021

The stated IRS goal here is “to positively impact filing and paying and reporting compliance on the part of all cannabis businesses to keep audits to a minimum.”. This IRS effort began last fall when the federal agency added a “ Marijuana Industry ” page to its website, dedicated to tax policy for cannabis companies. See Olive v.

Compliance 82

Compliance Compliance Business Cannabis 82

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. One of the most successful alcohol control policies in the United States was the establishment of the minimum legal drinking age of 21 (MLDA-21). 1988, Jones et al., 2001, Toomey et al., Discussion.

Dispensary 52

Dispensary Research and Development Safety Recreational 52

Cannabis Law Report

AUGUST 8, 2019

Public Policy. According to the English cases of R v Loizou [2004], R v Geary [2010] and GH [2015] , property must be “criminal property” at the time the alleged criminal activity was undertaken. This type of activity is not what POCA was designed to criminalise, and it is considered unlikely that the U.K.

Legalization 40

Legalization Banking Compliance Compliance 40

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. State-Approved Marijuana Programs , Department of Veterans Affairs Veterans Health Association (December 8, 2017), [link]. [11] 20] UCMJ Article 912.a

Access 49

Access Marijuana Research and Development Programs 49

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] ).

Marijuana 59

Marijuana Business State Laws DEA 59

Canna Law Blog

MARCH 4, 2020

In recent years, the United States has seen a proliferation of ketamine clinics. From 2015 to 2018, the number of clinics increased from 60 to 300; that number is undoubtedly higher today. Failure to follow these very specific legal directives can lead to immediate criminal liability under federal law.

Therapy 89

Therapy Legalization Chronic Pain DEA 89

Greenspoon Marder Cannabis Law Group Blog

JUNE 25, 2021

The courts have consistently held that marijuana dispensaries operating in compliance with state law are trafficking in controlled substances and are subject to Section 280E.[11] 2015); Canna C No. 2015-206. [12] In contrast, the organic laws of LLPs, LLCs, and now LPs, allow for active participation by investors.

Business 72

Business Cannabis Seed-To-Sale Law 72

The Cannigma

MARCH 12, 2021

So, now fast forward to about 2015 or so, and my brother is diagnosed with multiple sclerosis. For example, veterans who rely on the US Department of Veteran Affairs as their primary health care provider are unable to receive medical cannabis recommendations from their doctors, even if they live in a state with a medical cannabis program.

Legalization 128

Legalization Patients Education Dispensary 128

SpeedWeed

JULY 26, 2021

State law limits the number of medical marijuana producers to six. The legislation cleared the way for “the production, manufacturing, and dispensing of low THC oil in [the] state,” and provided for “an exception to possession of certain quantities of low THC oil.” . Georgia’s Program Has Been Lagging.

Programs 52

Programs Oil Patients THC 52

Connor & Connor PLLC

MARCH 9, 2018

As a schedule 1 drug under controlled substances act, it is illegal to use, possess, grow or sell marijuana under federal law. State law cannot trump federal law pursuant to the Supremacy Clause in the United States Constitution. Regulated at State and Local Levels. Constantly Evolving Laws.

Law 51

Law Marijuana Seed-To-Sale Business 51