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We have written many times over the past few years about how the bankruptcy courts are off-limits to state-legalized cannabis businesses. However, the CSA contains an exemption, whereby section 863 does not apply to any person authorized by statelaw to manufacture, possess or distribute drug paraphernalia. E.g., Polk v.
It is a far-reaching proposal addressing social equity, restorative justice, research, and taxation while preserving the integrity of existing state cannabis laws. Statelaw would control possession, production, and distribution of cannabis.
There is no doubt that the COVID-19 pandemic is adversely impacting businesses around the world, and smaller businesses especially. In short, federal anti-drug laws continue to define the state-authorized cannabis industry, and those who work in it, as drug felons. even if the business is legal under local or statelaw.”.
On January 1, 2022, two new statelaws will become effective in Illinois and Oregon and could cause significant disruption to the vapor industry. We provide background on the legislation and discuss the potential implications for the sales of vapor products in the respective states. Article: View Original Source .
Their article argues that the judgement is in fact about federalism. Calling the broader situation a “contradictory and unstable state of affairs,” Thomas wrote that the current legal landscape “strains basic principles of federalism and conceals traps for the unwary.” Read the full article at. MSNBC write.
In January, the Maine Office of Marijuana Policy released a preliminary draft of rule changes to the medical program that officials said were “meant to align the program with statelaw.”. View original article. It’s overreaching on steroids. We’re trying to reach as many legislators as we can.”.
An insurance policy can consist of a couple hundred pages that include numerous coverage forms; lists of defined terms of great legal significance such as “occurrence,” “property damage,” and “bodily injury;” pages of exclusions; pages of endorsements that modify the coverage forms; and riders that condition or limit the coverage.
As part of the application process, the department is requiring those applicants to participate in classes “to ensure that social equity applicants are prepared for the application process and the challenges of running a marijuana business.”. View original article.
Bush’s national drug control strategy, Congress passed legislation to require schools, colleges and universities to implement and enforce drug and alcohol prevention programs and policies as a condition of eligibility to receive federal funds and assistance.
Civic leaders in San Diego are considering easing the regulations for cannabis businesses in an effort to promote social equity in the city’s legal marijuana industry. Among the proposals being considered are reducing the buffer zone required between cannabis businesses and sensitive use sites including schools and churches.
Pittsburgh School of Law, US. Could doctors be punished by federal authorities for recommending marijuana to patients consistent with statelaw? Other issues arose at the intersection of novel drug laws and other statelaws. Edited by: Katherine Gemmingen | U.
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. It is unclear what this means for those drafting contracts and those currently operating under contracts related to cannabis business.
The Tax Code 280E bars businesses trafficking in controlled substances from taking federal tax deductions from normal operating costs. This rule can drive some cannabis business tax rates to 70%. Marijuana Business Daily recently wrote in an article that cannabis companies should expect a “tsunami of 280E audits.”
This article is the first in a series called, “So you want to start a canna biz?” The first topic we’ll cover is how to start a cannabis business, including tips on location, cost, and long-term success in cannabis. Every city, town, and municipality in the country has its own unique set of policies. Take California for example.
“The House will pass legislation early next year to put this question before the voters, but we need to start looking at changes needed to Statelaw now.”. The group will study issues related to cannabis legalization including the licensing and oversight of businesses cultivating, processing and retailing recreational marijuana.
A statelaw signed by Gov. This is a high-resource-use industry, and it doesn’t have to be,” said state Rep. It definitely puts Illinois at or near the top in terms of statepolicies for energy and environmental performance for cultivation facilities,” he said. Full article: [link].
Some of the go-to sources for finding the information you need about cannabis laws and licensing rules are shared below. National Cannabis Industry Association (NCIA) State-by-StatePolicies. NCIA’s State-by-StatePolicies page is easy to navigate with a U.S. NORML StateLaws.
It’s entirely possible that one or more of these tribes could start selling weed before the state officially allows retail sales to begin, but is that even legal? According to cannabis policy expert Heather Treja, the answer isn’t entirely clear. View original article.
The article adds. State budget forecasters are banking on a robust kickoff, however, estimating $5 million in sales by the end of the month. Maine is “very close” to issuing the first round of conditional recreational business licenses, said Erik Gundersen, the director of the Office of Marijuana Policy.
Pertinent to employers, the law amends the state’s Right to Privacy in the Workplace Act (which makes it illegal for employers to discriminate against employees for use of “lawful products”) to include any product that is “legal under statelaw” — including cannabis pursuant to the Cannabis Act.
Washington is essentially implementing the Food and Drug Administration’s (“FDA”) policy on Hemp-CBD as a food ingredient. Federal and Statelaws do not permit the manufacture and retail sales of CBD as a food ingredient in foods and beverages for sale in retail food establishments. Epidiolex contains CBD.
But this time around, after years of setbacks and political meddling from the rival gaming industry, a bill at the Nevada State Legislature is on track to settle the score once and for all. Long considered the heir apparent to former State Sen. Oasis is one of the few Vegas cannabis businesses located near the Strip.
Although the Budget includes the usual categories of expenditures we have come to expect from Albany, it also introduces certain tax-related measures, some of which are certain to be welcomed by the general business community, and a few that may be meaningful to certain industries. Challenges.
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. Employers should also revisit “zero tolerance” cannabis policies for consistency with state and local law.
Specifically, the bill proposes to make it unlawful for an employer to take adverse action against an applicant or employee who is a qualified patient using medical marijuana consistent with statelaw, unless the position held or sought is one involving “safety-sensitive job duties.”
“This contradictory and unstable state of affairs strains basic principles of federalism and conceals traps for the unwary.”. Justice Thomas pointed out that the government has taken a hands-off policy towards state-legal medical cannabis businesses, even though federal law specifically prohibits marijuana in all forms.
The state’s Responsible Vendor Training Program is designed to support licensee compliance and enhance the safety of customers and employees. Most cannabis businesses report they see the program as an investment in employees that also allows them to avoid large noncompliance fines. Read the full article.
History of compliance with regulations and policies governing government regulated marijuana programs. Greenspoon Marder is a national full-service businesslaw 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.
Currently, marijuana businesses and their employees are not able to deposit funds from their businesses into federally insured financial institutions or obtain loans from financial institutions because marijuana remains illegal at the federal level. Proposed Legislation in Maine.
It isn’t news that corporate culture is warming up to cannabis, but Amazon’s new policy shift is extremely significant. trillion company, the second largest private employer in the United States, has managed to defeat recent attempts at unionization in Staten Island, Chicago, Sacramento, Alabama, Minnesota, and recently in Virginia.
According to a press release issued by the House Committee on Financial Services on March 26, 2019, committee chairwoman, Representative Maxine Waters (D-CA), remarked, the SAFE Banking Act “addresses an urgent public safety concern for legitimate businesses that currently have no recourse but to operate with just cash.”
These legal guidelines/laws related to cannabis continue to be enacted, repealed, and debated in the Texas Legislature today, evidencing strong public sentiment for more accepted, legally permissible uses of cannabis and cannabis products. iv] Texas StateLaw Library – Cannabis and the Law – [link].
States with legal cannabis have seen billions of dollars in additional tax revenue; and the cannabis industry is responsible for some 321,000 full-time jobs nationwide. Currently, in-state cannabis cannot cross state lines, but that would change the moment interstate commerce becomes legal. ” City of Phila.
For the purposes of this post, we will discuss only the medicinal route of doing business. Applicable law: The Narcotic Drugs and Psychotropic Substances Act, 19852 (NDPS), Drugs and Cosmetics Act,1940 (DCA), excise laws and cannabis specific statelaws apply. Policy makers have a lot to consider.
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 statelaw. See 37 C.F.R. 7(1)(f), 2009 O.J (L
Statelaw limits the number of medical marijuana producers to six. Those businesses are now permitted to sell medical marijuana oil, so long as it contains no more than five percent THC. . Overall, implementation of Georgia’s medical marijuana law has continued to lag. View original article.
So much is changing in the cannabis industry that it can be challenging to keep up with the latest national and state-by-statelaws and business insights. With that in mind, we put together a list of some reliable sources for news and information related to the business of cannabis. . MJBizDaily. Ganjapreneur.
Dave Joyce, R-Ohio, and Don Young, R-Alaska, introduced a bill May 12—the “Common Sense Cannabis Reform for Veterans, Small Businesses and Medical Professionals Act”— that would remove cannabis from the list of scheduled substances under the Controlled Substances Act. View original article. and fellow Sens. Ron Wyden, D-Ore.,
Dave Joyce, R-Ohio, and Don Young, R-Alaska, introduced a bill May 12—the “Common Sense Cannabis Reform for Veterans, Small Businesses and Medical Professionals Act”— that would remove cannabis from the list of scheduled substances under the Controlled Substances Act. View original article. and fellow Sens. Ron Wyden, D-Ore.,
Congress is making another run at providing a safe harbor to the banking industry and companies that provide services to cannabis businesses. Despite bipartisan support and broad support by the business community, these efforts have never resulted in the bill becoming law. Skillman and Ryan D. Arnold & Porter.
Article by Kelly K. On June 11, 2019, the House Appropriations Committee passed spending legislation which provides new protection to financial institutions that provide banking services to marijuana businesses. The content of this article is intended to provide a general guide to the subject matter. June 26 2019.
The Mississippi law specifically allows an employer to refuse to hire an applicant or to take an adverse employment action against an employee who used medical marijuana on the job, regardless of whether the individual was actually impaired. Employers under the statelaw can also discipline an employee for use of marijuana on the job.
“This bill ensures a legalized market in the Commonwealth is implemented safely and responsibly, with a thoughtful approach that provides opportunities to medical and recreational consumers, farmers, and small, medium and minority-owned businesses.”. If the bill is passed by the Pennsylvania legislature and signed into law by Democratic Gov.
We have written many times over the past few years about how the bankruptcy courts are off-limits to state-legalized cannabis businesses. However, the CSA contains an exemption, whereby section 863 does not apply to any person authorized by statelaw to manufacture, possess or distribute drug paraphernalia. E.g., Polk v.
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