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Andrew Turnbull spoke with Corporate Counsel about how in-house counsel are reviewing corporate cannabis policies in light of new statelaws allowing for medicinal marijuana use and the introduction of the Cannabis Administration and Opportunity Act. Read the full article (subscription required). Turnbull (San Francisco).
This page explores comprehensive medical marijuana laws for patients, including the diseases and symptoms that qualify a patient to use medical marijuana, where medical marijuana can be used, whether non-residents can use medical marijuana, and the possession limits for patients.
The California Veterinary Medical Board released a statement in early 2017 reminding veterinarians that statelaw does not allow for veterinary recommendation of cannabis and if vets recommend or discuss the use of cannabis for their patients, they put their medical licenses at risk.
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. Department of Justice has declined to enforce the CSA’s prohibition on the sale of marijuana when the marijuana is bought or sold in accordance with 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 .
A recent lawsuit filed against the Oklahoma Medical Marijuana Authority (OMMA) claims that the organization did not make its meeting agenda available to the public, which violated a statelaw known as the Oklahoma Open Meeting Act. Between January and June 2021, the state has collected $43,166.199 in state and local sales taxes.
This tension between federal and statelaws directly impacts attorneys with clients in or interested in entering state-authorized marijuana business activities,” according to the report, submitted by the association’s Tort Trial and Insurance Practice Section. And yet it still remains illegal at the federal level.
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.
New laws and bills are constantly being passed that create a great deal of confusion in the cannabis world. Is CBD legal in all 50 states? In this article I’m going to update you on the legal status of CBD , and only CBD, in the United States. Always play it safe and follow the law. What is CBD?
Here’s what the report is outlining… PULLMAN, Wash. Increased drugged driving, greater youth access to marijuana and insufficient officer training are a few of … Read More.
has made it difficult for cannabis businesses to protect their brand identity, even when they are operating legitimately under statelaw. Partner Teresa Lee , who co-chairs Pryor Cashman’s Trademark Practice, also contributed to the article. The federal prohibition of marijuana in the U.S.
In those states, the legislatures amended their discrimination laws to protect those who have a prescription to use medical marijuana as having a per se disability under statelaw. These laws typically have two caveats. Dish Network has become irrelevant in an increasing number of jurisdictions.
These laws and regulations are designed to protect the parkland, wildlife and visitors. It is important to remember the land inside a national park is considered government land, not related to the state it is in, and therefore, not under statelaws. Read the full article.
Experts in the field say M&A in the cannabis industry has been difficult largely because of the volatile ever-changing cannabis market, federal prohibition and a patchwork of statelaws. Read full report (Paywall).
There are efforts in other states to enact similar measures by voter initiative or through the legislatures. However, most common psychedelics, including psilocybin, remain illegal federally, so the impact of new statelaws will depend upon the federal government declining to prosecute cases involving these substances.
A misunderstanding of the 21st Amendment, which repealed Prohibition while granting states power to regulate the “transportation or importation” of alcohol, had allowed protectionist statelaws to interfere with interstate commerce.
This provision is colloquially known as the “Drug Preclusion Provision.”. “…a product that contains an article that is an approved new drug or licensed biologic cannot be a dietary supplement unless the article was marketed as a dietary supplement or as a food before its approval as a new drug or licensing as a biologic.
However, as a matter of federal law, products containing less than 0.3% Lastly, the new law establishes a nine-member commission to study federal and statelaws regarding medical marijuana to establish a marijuana program in Tennessee upon the federal government reclassifying marijuana as a Schedule I controlled substance.
While this decision may set back any challenge to the residency requirement under the Washington State Constitution, it does not settle open questions as to the residency requirements constitutionality under the US Constitution. The case then continued in Thurston County Superior Court.
Our industry specialists provide the specialized legal experience and resources necessary to navigate and overcome wide-ranging licensing violations for failing to comply with “any statelaw,” or “any other grounds contained in regulations […]
Colleges offering these programs would also be required to comply with any statelaws regulating the use of hemp. Other institutions, such as Lake Superior State University in Michigan, offer undergraduate and associate degrees and certificates in the business of cannabis 15 as well as cannabis chemistry. 1 [link].
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.
The ruling suggests that hemp laws allowing trace amounts of THC may not protect people who possess hemp-derived liquids in any form, including popular extracts such as CBD oil. It also puts the businesses who sell such products in a precarious position.
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.
MarketWatch ran an article last week on how this year’s Academy Award swag bags “are packed” with “legal” cannabis. I’m always happy to see an article like this because it means California legalization is working. Now featuring cannabis!
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. Could groups providing marijuana to patients raise a medical necessity defense if subject to federal prosecution?
Unlike CBD Kratom, many cannabis companies sell products that while legal under statelaw are illegal under federal law, making it impossible to find a 401(k) plan provider willing to work with them. What exactly,” they’d ask yet again, “do you sell?” ” Ms.
The proposed ordinance is in response to state legislation. 21 — 180 days from the adoption of the statelaw — to create any local enforcement structure. Towns that do not act by then will be governed by the state’slaw. Full Article at [link]. Under the N.J.
If we assume the employee’s medical condition would be covered under the Americans with Disabilities Act or a comparable statelaw, the employee’s employer may be required to accommodate that person’s off-duty use of marijuana. See Wild v. Carriage Funeral Holdings, Inc. and Noffsinger v.
. “Make sure your engagement letters are appropriately written to clearly describe your scope of services and include provisions requiring your client to affirm it is operating legally under applicable statelaws,” she said.
While the court declined to dismiss the action in its entirety (citing relevant statelaw that may still be considered on the merits), the court’s decision to stay—or postpone—the case under the primary jurisdiction doctrine, determined that FDA, and not the courts, should regulate CBD products, including what constitutes proper labeling. .”
The Enquirer reported that equity provisions “weren’t discussed during the meeting or mentioned in the request for applications approved Tuesday,” and that a spokesperson for the Ohio Board of Pharmacy said that the board “is still reviewing how it can encourage equity within the statelaw and rules.”. View original article.
This policy was just reiterated by the agency: “Because federal law prohibits the sale and distribution of cannabis, the SBA does not provide financial assistance to businesses that are illegal under federal law,” Carol Chastang, SBA public affairs specialist, told the publication Cannabis Business Times.
280E still penalizes cannabis businesses, even when they are regulated and comply with statelaw. The Reagan administration decided it needed to prevent future traffickers from following suit and created 280E.
Even the federal government is beginning to change course: Early this year, President Obama predicted that if enough states decriminalize marijuana, Congress might remove it from the list of Schedule I drugs, and he has informed officials in Washington and Colorado that the Justice Department will not prosecute anyone who complies with statelaws.
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.
Kays advises and represents employers in a broad range of employment law matters arising under federal and statelaws. 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.
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.”
So while the actual practice or use of a patented cannabis-related invention may be illegal under federal or some statelaws, such illegality should not preclude issuance of a patent, if all of the requirements of patentability are met. However, there is no express legality requirement for patent eligibility.
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.
Also, the know-your-customer requirements are more significant than normal because similar transactions may or may not be allowed pending various statelaws.
A statelaw signed by Gov. This is a high-resource-use industry, and it doesn’t have to be,” said state Rep. “It It definitely puts Illinois at or near the top in terms of state policies for energy and environmental performance for cultivation facilities,” he said. Full article: [link].
In this article, however, we’re going to shift our focus a little bit – to fake vape cartridges. In this article, we’ll give you some tips on how you can spot the fakes. We hope this brief article helps you avoid fake vapes. Editors Note: This is a guest post. Fake vape cartridges are a serious problem. That’s okay.
Article PDF. The analysis in this article is limited to current local or statelaws and regulations as they relate to cannabis dispensaries. Readers should note that there is a divergence between Federal law and California’s laws regarding the legality of the production, distribution and sale of cannabis.
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