Cannabis Law Report

NOVEMBER 2, 2019

If we assume the employee’s medical condition would be covered under the Americans with Disabilities Act or a comparable state law, the employee’s employer may be required to accommodate that person’s off-duty use of marijuana. See Wild v. 2018 WL 4224075 (D. Carriage Funeral Holdings, Inc. and Noffsinger v.

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Cannabis Law Report

JUNE 26, 2022

In December, 2018, the Agriculture Improvement Act of 2018, also known as the “Farm Bill,” was passed by Congress. Colleges offering these programs would also be required to comply with any state laws regulating the use of hemp. 4 Public Law 101-226. 14 Public Law 115-334 §§ 10113, 12619. 1 [link].

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Research and Development Education Programs Policy 52

Cannabis Law Report

JULY 28, 2021

Prior to December of 2018, hemp and all hemp-derived substances (including cannabidiol or CBD) were considered to be a form of “marijuana,” subject to the federal government’s most restrictive regulation under Schedule I of the Controlled Substances Act of 1970 (CSA). Where Things Stand Federally. Where Does New York Stand?

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THC Hemp CBD Cannabinoids 81

Cannabis Law Report

OCTOBER 22, 2019

Many in the industry have bemoaned the law claiming it is a prohibition tax law still in place during a time when cannabis is growing into a billion-dollar industry. Marijuana Business Daily recently wrote in an article that cannabis companies should expect a “tsunami of 280E audits.” The IRS has not gotten the memo.

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Business Cannabis Law Legalization 45

Cannabis Law Report

MAY 12, 2022

Could doctors be punished by federal authorities for recommending marijuana to patients consistent with state law? Other issues arose at the intersection of novel drug laws and other state laws. We have surveyed law schools’ online course schedules and contacted registrar offices by email.

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Law Policy State Laws Environment 52

Cannabis Law Report

JULY 31, 2019

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. 1] As of the date of this article, thirty-three states and Washington D.C. 14] Other state marijuana legalization statutes contain similar provisions. [15].

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Law Legalization Marijuana Policy 40

Cannabis Law Report

FEBRUARY 25, 2019

PUBLISHER: CANNABIS LAW REPORT. In the early months of 2019, and after the recent passage of the 2018 Farm Bill, an increasing number of state and municipal agencies continue to pay close attention to hemp-derived CBD products, in some cases leaving products under siege by regulators. AUTHOR: Darren Kaplan; Garrett Graff.

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CBD Food Compliance Compliance 71

Cannabis Law Report

NOVEMBER 6, 2021

In the United States, the level of THC defines the difference between agricultural grade hemp and marijuana, Velazquez said. “In 2018, the U.S. “You can produce hemp in all 50 states as long as it contains less than the federal THC limits.” THC is the substance that contains psychoactive properties.

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Banking THC Hemp Cannabis 52

Otherside Farms

DECEMBER 4, 2020

The laws about cannabis use in the U.S. After the 2018 Farm Bill passed, it further muddied the waters. Now you need to track the federal cannabis laws on top of your state’s regulations. government’s regulation states hemp is any plant under 0.3% change every year, leading to some confusion.

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Hemp Seed-To-Sale Chronic Pain Cultivation 85

Cannabis Law Report

NOVEMBER 22, 2019

Article by Kara Thorvaldsen and Michelle Gallagher. The most recent federal law to address potential legal uses of cannabis/CBDderived goods is the Agriculture Improvement Act of 2018, colloquially known as the 2018 Farm Bill. Are the Goods Derived from “Hemp” and Otherwise Federally Lawful?

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CBD Pets Sativa Food 59

Cannabis Law Report

MARCH 5, 2020

The United States Patent and Trademark Office (“USPTO”) will not grant such protection for marks that cover goods and/or services that are a violation of federal law, regardless of whether the activities associated with the goods or services is legal under state law. See 37 C.F.R.

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Hemp Cannabis Food Recreational 45

Canna Law Blog

SEPTEMBER 4, 2019

The Food, Drug and Cosmetics Act (“FDCA”) and FDA regulations generally prohibit an article that is approved or investigated as a drug from being an ingredient in food or dietary supplements, unless that article was marketed as a food or dietary supplement prior to being investigated as a drug. Epidiolex contains CBD.

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Food Hemp CBD Seed-To-Sale 101

Cannabis Law Report

MAY 29, 2019

Here’s their article in full published via JD Supra. The article is authored by. The City Council passed the bill in April by a vote of 40-4, and it became law on May 10, 2019, with an effective date of May 10, 2020. Source: [link]. Aaron Colby. Michael Goettig. Noffsinger v. SSC Niantic Operating Company, LLC , 338 F.

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Law Policy Legislation Conditions 40

Cannabis Law Report

MARCH 13, 2019

Kays advises and represents employers in a broad range of employment law matters arising under federal and state laws. She is experienced in litigating federal and state court cases involving the defense of employment discrimination claims, wrongful discharge, and retaliation matters. During law school, Ms.

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Marijuana Policy Advocacy State Laws 45

Cannabis Law Report

JUNE 6, 2019

If passed, the legislation would help resolve issues in the state involving hemp-derived products, including products containing cannabidiol (CBD), and pave the way for the California Department of Public Health (CDPH) to regulate the processing and sale of these products.

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Hemp Legislation Food Consumption 66

Canna Law Blog

AUGUST 9, 2019

” The article explains that in response to the FDA warning letter, Curaleaf (wisely) scrubbed its website and social media accounts of health claims about its CBD products. How and why a company of this size was making these types of claims in the first place, however, is truly puzzling. Will this lawsuit mark the end of Curaleaf?

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Hemp Pets CBD Research and Development 94

Cannabis Law Report

NOVEMBER 18, 2019

While the main case discussed by this article does not create precedent, it does reveal the thinking of some federal judges in a jurisdiction with long-time legal cannabis at the state level. This article unpacks some of the initial issues in an effort to uncover potential takeaways. 22, 23 (2018). 1] Richard P.

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Research and Development Cannabis Law Policy 80

Canna Law Blog

SEPTEMBER 28, 2019

From the Fair Labor Standards Act to the STATES Act , our articles run the gamut. 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. Sledge , Civ.

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Education Oil DEA Cannabis 76

Cannabis Law Report

JULY 26, 2021

That being said, the Agriculture Improvement Act of 2018, dubbed the “Farm Bill”, expressly carved out “tetrahydrocannabinols in hemp.” This isomerization of plant-based extracts is considered entirely different from the synthetically derived products that result from controlled chemical reactions according to this article.

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THC Agriculture Hemp Extraction 81

Cannabis Law Report

OCTOBER 22, 2019

Since the cannabis industry operates exclusively within individual states and is prohibited from transacting across state lines, multistate tax-nexus issues have not to date been a primary concern. State laws vary regarding what is included in the calculation of the threshold amount. Before Wayfair.

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Collective Hemp Retail CBD 40

SpeedWeed

MARCH 5, 2021

California’s attorney general argued in a recent court filing that none of the state’s cannabis businesses operating on provisional licenses are entitled to due process under state law. View original article. John Schroyer.

Business 52

Business Marijuana Data State Laws 52

Cannabis Law Report

DECEMBER 17, 2019

State Question 806 , filed on Dec. 12, would add an amendment to the Constitution, which would generally legalize, regulate and tax marijuana for people aged 21 and older under state law. If voters approve the state question, it would take effect in 90 days. Oklahoma voters in 2018 legalized medical marijuana.

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Recreational Legalization Marijuana Collective 49

Cannabis Law Report

SEPTEMBER 24, 2019

However, because protections under the SAFE Banking Act only apply when legitimate cannabis-related businesses are involved, monitoring clients’ compliance with relevant state laws will be particularly important. Read the bill’s text here. ABOUT THIS AUTHORS. Jennifer K.

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Banking Law Compliance Compliance 40

Veriheal

MARCH 12, 2024

In this article, we’ll reveal the available knowledge about this compound. According to federal law, hemp products with a maximum of 0.3% Additionally, the 2018 Farm Bill implies that there is no restriction to the concentration of THC-JD that can be found in products. Nonetheless, you need to be aware of state laws.

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THC Cannabinoids Vaping Hemp 64

Cannabis Law Report

MAY 30, 2021

The Michigan Cannabis Manufacturers Association, the trade group leading the crackdown efforts, formed in 2019 to “operate exclusively for the promotion of the cannabis manufacturers by promoting the common business interests and general welfare of the industry,” according to articles of incorporation filed with state records.

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Patients Retail Cannabis Legislation 105

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. . View original article. Cannabis is framed as a highway drug when really it’s alcohol.

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Decriminalization Hash Pharmaceutical Programs 52

Cannabis Law Report

OCTOBER 15, 2021

Players in the cannabis space already understand that federal tax law as currently structured extracts a far greater tax bite from marijuana businesses than corresponding companies, as cannabis companies are prohibited from deducting their business expenses from gross income. Article: View Original Source . Of course, with U.S.

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Law Legislation Business State Laws 52

Cannabis Law Report

OCTOBER 26, 2019

Article by Joseph J. Senator McConnell, the Senate Majority leader who was instrumental in the passage of the 2018 Farm Bill, has not shown much interest in the bill yet. Pangaro , Justin M. Stern , David E. Landau , Seth A. Goldberg and Michael S.

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Banking Safety Business History 45

SpeedWeed

AUGUST 11, 2021

In two of the cases, an administrative law judge determined that the terminated employees were eligible for unemployment benefits under state law because marijuana is legal under the Michigan Regulation and Taxation of Marijuana Act (MRTMA), the cannabis legalization initiative passed by voters in 2018.

History 52

History Legalization Law Marijuana 52

Cannabis Law Report

AUGUST 8, 2019

Medical use of cannabis when prescribed by a registered specialist doctor was legalised in November 2018. Since 17 October 2018, it has been legal to produce, distribute, sell and possess cannabis in Canada (for all purposes including medical and recreational), subject to complying with the provisions of the Canadian Cannabis Act.

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SpeedWeed

JULY 31, 2021

Missouri may have legalized medical marijuana in 2018, but this voter-approved law isn’t stopping probation officers from sending people back to jail for using this legal medicine. Ray Breer is one of many Missourians that has recently had their probation revoked for using state-legal medical cannabis. View original article.

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Legalization Advocacy State Laws Patients 52

SpeedWeed

APRIL 27, 2021

D-8 is legal federally, and most state laws don’t specifically address it. There’s big enthusiasm [for Delta-8] in the Southeastern states, the Carolinas, the Dakotas, Texas, anywhere…where people can’t get high legally.”. “I’m Do not state or promise that the product will get the consumer “high.”. View original article.

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Cannabis Law Report

OCTOBER 15, 2021

Outside of this framework, any product added to food is regulated by the California Department of Public Health’s (CDPH’s) Food and Drug Branch under the Sherman Law – the state version of the Federal Food, Drug, and Cosmetic Act (FD&C Act). The 2018 Farm Bill, however, explicitly preserved FDA’s authority over hemp products.

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Food Cannabinoids Hemp Legalization 52

SpeedWeed

APRIL 3, 2021

In this article, when we use the term “THC” without a modifier, we are referring to delta-9 THC.) . Because of the 2018 farm bill , hemp can be legally grown and used for extractions all over the United States, making delta-8 legal in states where delta-9 THC is illegal—sometimes. . View Leafly Staff’s articles.

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THC Extraction Hemp CBD 52

SpeedWeed

AUGUST 24, 2021

But the North Carolina Compassionate Care Act, a bill to legalize medical cannabis, is currently making progress in the state legislature. Native American tribes are not bound by state law, and do not require a state cannabis license. Not long before COVID, back in May 2018, the U.S. View original article.

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Dispensary Retail Legalization Cannabis 52

SpeedWeed

JULY 16, 2021

Ohio need only look to its northern neighbor for an example on how to successfully implement a state-regulated recreational marijuana program. In 2018, voters in Michigan passed a measure at the ballot that legalized recreational pot, and the Wolverine State’s newly formed market has seen gangbuster sales. View original article.

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Recreational Marijuana Legislation Programs 52

SpeedWeed

MAY 5, 2021

Under current state law, only patients with epilepsy are permitted to use such medications. The bill allows for slightly more THC than the federal limit established for legal hemp products under the 2018 Farm Bill. View original article. SB 118 now heads to the desk of Tennessee governor Bill Lee for final consideration.

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Epilepsy Patients Medicine Legislation 52