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 105

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 96

Canna Law Blog

JULY 25, 2023

“Farm Bill compliant CBD” The 2018 Farm Bill is one of the least understood laws on the books, in my view. All it did was remove hemp from the Controlled Substances Act (CSA) and give the USDA authority to regulate the cultivation of hemp. For years, our firm has researched CBD laws in all 50 states.

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Hemp CBD Cannabis THC 60

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. The state legislature considered House Bill 122 earlier this year.

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Hemp CBD Seed-To-Sale Cultivation 70

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. Those new to cannabis cultivation or use assume all cannabis gets you high via THC. THC content. THC content.

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Hemp Seed-To-Sale Chronic Pain Cultivation 85

Veriheal

SEPTEMBER 15, 2023

The bill was enacted as soon as Governor Nathan Deal signed it, permitting possession for eight qualifying medical conditions but not allowing cultivation or distribution within the state. In April 2019, House Bill 324 was approved, enabling in-state cultivation and the sale of low-THC oil.

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Programs Legalization Oil Conditions 62

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.

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Hemp Agriculture Cultivation Law 57

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

DECEMBER 24, 2019

Banking regulators recently clarified (including for credit unions ) that financial institutions should have no issue banking lawful hemp businesses pursuant to the 2018 Farm Bill. Department of Agriculture (“USDA”) interim regulations for state and tribal hemp cultivation plans under the ’18 Farm Bill.

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Banking Hemp CBD Cultivation 76

Canna Law Blog

MARCH 29, 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. Today we turn to South Carolina.

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Hemp CBD Agriculture Food 55

Cannabis Law Report

DECEMBER 14, 2019

3 The 2014 Guidance sought to clarify how financial institutions can provide financial services to marijuana-related businesses, consistent with their BSA obligations, in light of state legislative efforts to legalize certain marijuana-related activities and the resulting conflict between U.S. state and federal regulation of marijuana.

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Hemp Business Banking Agriculture 59

Canna Law Blog

JANUARY 6, 2023

The California Department of Tax and Fee Administration ( CDTFA ) is the California cannabis agency that oversees state-level cannabis taxation. Under state law, CDTFA collected both a cultivation tax and an excise tax. In 2022, that all changed when the state adopted tax reforms.

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Collective Hemp Cannabis Programs 77

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. Unlike Florida, Arkansas opted against vertical integration, instead authorizing separate dispensary licenses (up to 40) and cultivation facility licenses (up to eight).

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Canna Law Blog

DECEMBER 6, 2019

If a state, like Tennessee, operates under the 2014 Farm Bill, but the state applies for a USDA state plan and that is approved, does that then void the 2014 pilot rules and regulations for existing farms in Tennessee operating under 2014 Farm Bill? State law must be analyzed to determine what is required for processing.

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Hemp Agriculture CBD Programs 55

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. Department of Agriculture.

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THC Hemp CBD Cannabinoids 105

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.

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Hemp CBD Retail Agriculture 53

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 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.

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Hemp CBD Seed-To-Sale Agriculture 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. Also, most states that allow for hemp cultivation do not allow the direct sale of raw hemp to unlicensed individuals. Where was the hemp grown? Who is buying hemp ?

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Hemp Business Cultivation Banking 71

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. . Sale and cultivation of cannabis remain illegal, however. Cannabis would actually be the exit drug.”.

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Decriminalization Hash Pharmaceutical Programs 52

Canna Law Blog

JANUARY 29, 2020

It is important to note that none of this changed federal drug laws or the federal government’s ability to enforce those laws. As a result of the excitement on the back of the Wilkinson Statement, several tribes considered regulating, cultivating, and selling cannabis on their sovereign lands. In early 2018, then acting U.S.

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Cannabis Business Law Hemp 121

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. Bottom line.

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Hemp THC Compliance Compliance 69

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.

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History Legalization Law Marijuana 52

Marijuana Seeds NL

APRIL 29, 2021

For one, the US 2018 Farm Bill is causing some legal confusion on whether or not it can be sold nationwide, like CBD. The 2018 Farm Bill explicitly states that any plant byproducts are permissible to sell. This list may have you wondering - why ban THC delta 8 in states where cannabis is legal?

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THC DEA Cannabinoids Extraction 52

Canna Law Blog

SEPTEMBER 11, 2019

California’s existing hemp cultivation law—the California Industrial Hemp Farming Act (or “CIHFA”, which I’ve written about here )—is half a decade old and essentially is limited to regulating very limited aspects of cultivation. ” We wrote about the discriminatory impact of that language here.

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Programs Hemp Cultivation Agriculture 63

Canna Law Blog

NOVEMBER 6, 2020

In particular, I highlighted the litigation between Harvest Dispensaries Cultivation & Production Facilities, LLC, based out of Arizona ( referred to as “Harvest of Arizona”), and Harvest on Geary, Inc. Federal trademark law is not applicable. . Harvest Off Mission, Inc., It had no presence in California. .

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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. The only agency which has published more comprehensive information on provisional licenses is the CDFA, which regulates cultivators.

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Cannabis Agriculture Compliance Compliance 62

Canna Law Blog

MARCH 24, 2019

Our California hemp lawyers have been getting pummeled with questions about the legality of industrial hemp derived cannabidiol (“Hemp CBD”) ever since the 2018 Farm Bill was signed in January (and especially since our recent hemp and Hemp CBD webinar ). Hemp CBD cookies, anyone? The revised text of AB-228 goes much further.

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Food CBD Hemp Extraction 88

Canna Law Blog

APRIL 2, 2019

The original complaint was filed in late 2017 and alleged one state-law nuisance claim and two RICO claims. In August 2018 the district court dismissed the plaintiffs’ RICO claims without prejudice, thereby giving them the opportunity to amend. Federal Court Dismisses RICO Suit Against Sonoma County Cannabis Cultivator.

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State Laws Cannabis Cultivation Law 60

Cannabis Law Report

NOVEMBER 22, 2019

Pre-license for cultivation of medical cannabis allows import and cultivation of cannabis genetics. The pre-license evidences that the company has met INFARMED’s requirements to begin preliminary operations, including importation of cannabis genetics and their cultivation. NEW YORK, Nov. About Clever Leaves.

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Cultivation Extraction Pharmaceutical Research and Development 11

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

Canna Law Blog

MARCH 26, 2019

We do not yet know how courts will treat the purported trademark rights owned by cannabis businesses, but the ongoing litigation between Harvest Dispensaries Cultivation & Production Facilities, LLC, based out of Arizona (I’ll refer to them as “Harvest of Arizona”), and Harvest on Geary, Inc. Federal trademark law is not applicable.

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Retail Dispensary Cultivation Cannabis 66

Cannabis Law Report

JULY 18, 2019

CPA’s “ PUBLISHER: CANNABIS LAW REPORT. Wake Up California Cannabis Growers Its 2019 and the world you may have grown up and worked in since the late 1990’s was changed forever on January 1, 2018 due to the passage of SB 94 [Proposition 64]. . “aBIZinaBOX Inc., of Tax and Fee Administration [“CDTFA”]. [4]

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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

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 59

Canna Law Blog

MAY 7, 2019

As everyone knows by now the 2018 Farm Bill legalized hemp production by de-scheduling the crop under the Controlled Substance Act. An agricultural production contract is a complex creature typically governed by state law including the Uniform Commercial Code. We’ve also offered a free webinar on West Coast Hemp CBD.

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Agriculture Hemp Supply Chain CBD 72

Cannabis Law Report

MAY 6, 2019

In recent months, a rapid number of compliance enforcement agencies have emerged at both the local and state level. Licensed cannabis businesses in California have experienced a peak in random compliance inspection visits, raids from local and state law enforcement, and seizure of cannabis products.

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