Canna Law Blog

SEPTEMBER 3, 2020

is relevant and material to a legitimate law enforcement inquiry.” In its July filing, the feds relied on their compliance with their subpoena power and authority to investigate pursuant to the CSA, and adherence to procedural requirements. and nothing else.

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DEA Compliance Compliance Law 97

Cannabis Law Report

FEBRUARY 1, 2022

The more wide-ranging bill (H 174/S 72), which a spokesperson said is a priority for House Speaker Ron Mariano, addresses aspects of state laws that cannabis regulators and industry entrepreneurs have been increasingly vocal about taking issue with.

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Seed-To-Sale Consumption Compliance Compliance 52

Canna Law Blog

APRIL 19, 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. For previous coverage in this series, check out the links below: Alabama.

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Hemp CBD Retail Agriculture 53

MJ Business Attorneys

MAY 29, 2018

On May 14, 2018, the Supreme Court chose to revive American Federalism when a seven-member majority of the Court held the Professional and Amateur Sports Protection Act of 1992 (PASPA) to be unconstitutional. Murphy holds that state-law repeals are not pre-emptible. The case, Murphy v. NCAA, et al.,

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Policy State Laws DEA Legislation 100

Cannabis Law Report

DECEMBER 14, 2019

Because federal law prohibits the distribution and sale of marijuana, the 2014 Guidance clarified that financial transactions involving marijuana-related businesses (even those properly licensed under state law) would generally involve funds derived from illegal activity, which would typically trigger a SAR filing.

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Hemp Business Banking Agriculture 59

Canna Law Blog

MAY 12, 2020

These requests in particular could indicate that what the feds are really interested in here are those companies engaged in commercial cannabis activity in violation of state law – activity that the federal government has always made clear it would prioritize for enforcement.

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State Laws Policy Compliance Compliance 73

Cannabis Law Report

OCTOBER 31, 2019

Law Firm Manatt, Phelps & Phillips, LLP writes… The Cannabis Banking Guidance from California’s Department of Business Oversight (DBO) offers California-chartered financial institutions serving cannabis-related businesses assurances that the DBO will not bring enforcement actions based solely on such relationships. What happened.

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Banking Compliance Compliance Policy 45

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.

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Hemp Agriculture Cultivation CBD 93

Canna Law Blog

DECEMBER 5, 2019

Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with state law. The 2018 Farm Bill only regulates hemp production, and does not really discuss hemp processing or the sale of Hemp-CBD goods.

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Banking Hemp Compliance Compliance 64

Canna Law Blog

OCTOBER 29, 2019

This is a major step in the full implementation of the 2018 Farm Bill. State and Tribal Plans. The 2018 Farm Bill requires states and Indian Tribes to submit hemp cultivation plans to the USDA. Today, the U.S. Department of Agriculture (“USDA”) released its interim hemp rules. Because 0.3% Because 0.3%

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Hemp THC Compliance Compliance 66

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.” Such a definition, coupled with the fact that Delta-8 has a potency of about 75% of that of Delta-9, suggests that Delta-8 would be considered a “controlled substance analogue,” regulated under federal law.

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THC Agriculture Hemp Extraction 105

Canna Law Blog

FEBRUARY 2, 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. Apparently, that’s how the state wants to continue to operate.

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Hemp CBD Agriculture Cultivation 102

Canna Law Blog

JANUARY 6, 2023

It’s hard to read the tea leaves in a lot of cases – inspections can be a prelude to enforcement, but they can also be a way for the agencies to spur compliance without clogging up the court system. Under state law, CDTFA collected both a cultivation tax and an excise tax. California expanded medical deliveries.

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Collective Hemp Cannabis Programs 73

Canna Law Blog

JULY 7, 2020

Last December, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, FinCEN and the Office of the Comptroller of the Currency, in consultation with the Conference of State Bank Supervisors, issued a three-page hemp banking statement. The FinCEN Guidance clarifies and expands upon the 2019 statement.

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Banking Hemp Compliance Compliance 54

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.

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Hemp CBD Research and Development Packaging 52

Canna Law Blog

MARCH 31, 2019

In January 2019, the California Bureau of Cannabis Control (“BCC”)—which regulates cannabis delivery companies—issued Rule 5416(d) , which says that “A delivery employee may deliver to any jurisdiction within the State of California provided that such delivery is conducted in compliance with all delivery provisions of this division.”

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Legislation Compliance Compliance Cannabis 81

Cannabis Law Report

JUNE 6, 2022

[2] Specifically, the court found that requiring the employer (and, by extension, its workers’ compensation insurer) to pay for cannabis, even if a valid medical treatment under Minnesota law, would expose the employer to criminal liability under federal law for aiding and abetting the employee’s unlawful possession of cannabis. .

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Patients State Laws Law Treatment 52

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 75

Canna Law Blog

AUGUST 27, 2019

Now, following the lead of its competitors, Leafly, who said in early 2018 that it would bar unlicensed operators, Weedmaps also says it will end its practice. Weedmaps, founded in 2008 and based in Irvine, California, is a well-known website for those in search of a local marijuana dispensary.

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Policy Business Dispensary Compliance 71

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.

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Agriculture Hemp Sativa Compliance 45

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 States already closing loopholes. But how long will that last? A complicated legal question.

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Legalization DEA Supply Chain Hemp 52

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

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.

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THC Business DEA Cannabinoids 52

Cannabis Law Report

MAY 17, 2022

Leafly requires that all delivery providers operate in compliance with applicable state law, meaning shoppers get the peace of mind they are used to when shopping on the site. 1 Based on Leafly data from Nov 2018 to May 2022. About Leafly. Leafly helps millions of people discover cannabis each year. Callie Driehorst.

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Strains Legalization Data Hybrid 52

Cannabis Law Report

JANUARY 30, 2019

Your predecessor, Attorney General Sessions, testified on April 25, 2018 at the Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, stating that “[w]e are moving forward and we will add, fairly soon. The first letter was sent on May 13, 2015, and the second letter was sent on November 18, 2018.

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Research and Development DEA CBD Law 63

Canna Law Blog

FEBRUARY 26, 2019

This provisional licensing scheme was essentially intended to replace the temporary licensing scheme that only ran through January 1, 2019 per state law. As noted above, and as most readers of this blog are probably aware, the temporary license scheme ended in late 2018.

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Cannabis Agriculture Compliance Compliance 60

Cannabis Law Report

MARCH 19, 2020

Benesch launched B-Sharp in 2018 as a networking and professional development platform for women corporate counsel. 23 forum, “The Legalization of Cannabis and Implications Under State Law,” brought together labor and employment lawyers, members of Benesch’s cannabis practice group and in-house counsel from Illinois employers.

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Legalization Marijuana Law Policy 76

Cannabis Law Report

FEBRUARY 4, 2019

In the December 2018 Farm Bill, the federal government removed CBD (and industrial hemp and all cannabis derivatives with less than 0.3% But that is not the end of the story, as the FDA continues to regulate CBD products through enforcement of the Food, Drug & Cosmetic Act, and state governments also have restrictions.

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Hemp CBD Legalization Food 40

Cannabis Law Report

DECEMBER 12, 2019

Compliance with state laws is of little benefit when it comes to federal bankruptcy, banking, and tax codes. 2018); and In re Rent-Rite Super Kegs West, Ltd., Cook Investments NW involved several real estate holding companies filing Chapter 11 in Washington State. The Federal Controlled Substances Act 21 U.S.C. §§801-904

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Compliance Compliance Chronic Pain Banking 59

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.

Banking 40

Banking Law Compliance Compliance 40

Cannabis Law Report

JUNE 26, 2022

There also exist certain requirements to demonstrate compliance with the Regulations. IHEs may also be subject to related requirements under state and federal law and judicial rulings. In December, 2018, the Agriculture Improvement Act of 2018, also known as the “Farm Bill,” was passed by Congress.

Research and Development 52

Research and Development Education Programs Policy 52

Cannabis Law Report

FEBRUARY 8, 2020

The 2018 Farm Bill allows for buy-up levels of NAP coverage from 50 to 65 percent of expected production in 5 percent increments, at 100 percent of the average market price. Producers must report hemp acreage to FSA after planting to comply with federal and state law enforcement. Buy-up coverage is available in some cases.

Programs 59

Programs Hemp Seed-To-Sale Agriculture 59

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.

Banking 52

Banking THC Hemp Cannabis 52

Greenspoon Marder Cannabis Law Group Blog

AUGUST 26, 2019

Last week, the National Credit Union Administration (NCUA) issued interim guidance stating that federally insured credit unions may provide certain financial services to legally operating hemp businesses. In today’s story from Bloomberg Tax , however, some industry executives are not too confident.

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Banking Hemp Marijuana Events 40

The Blunt Truth

DECEMBER 19, 2023

In 2018, Congress enacted the Farm Bill, which distinguished prohibitions on marijuana from hemp. Unconvinced, the Court in the Eastern District of Virginia issued an order that the Farm Bill did not prevent a state from regulating hemp more stringently. What is Delta-8, 9, 10? percent on a dry weight basis” (emphasis added).

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Hemp Concentrates THC Marijuana 52

Cannabis Law Report

SEPTEMBER 16, 2022

Its medical cannabis program is grounded in a 2017 voter-approved amendment to Florida’s Constitution, which was implemented through a 2018 statute. This opinion, however, noted that any attorney who provides such services must also advise the client about the relevant federal law, including the federal Controlled Substances Act.

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Law Programs Cultivation Dispensary 52

Cannabis Law Report

JULY 7, 2022

For so long as cannabis remains illegal at the federal level, cannabis businesses operating in full compliance with state law will not enjoy the full scope of protections as brands that are operating in legalized industries. The Agriculture Improvement Act of 2018 (2018 Farm Bill), Pub. Pryor Cashman LLP.

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Cannabis Law Business State Laws 52