Cannabis Law Report

MARCH 28, 2023

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 state law,” or “any other grounds contained in regulations […]

State Laws 52

State Laws Cannabis Law Legalization 52

Cannabis Law Report

MARCH 19, 2020

has made it difficult for cannabis businesses to protect their brand identity, even when they are operating legitimately under state law. 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.

Legalization 59

Legalization State Laws Business Law 59

Cannabis Law Report

FEBRUARY 1, 2022

However, the CSA contains an exemption, whereby section 863 does not apply to any person authorized by state law 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 state law.

Law 95

Law State Laws Business Cannabis 95

Cannabis Law Report

JUNE 26, 2022

Colleges offering these programs would also be required to comply with any state laws 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].

Research and Development 52

Research and Development Education Programs Policy 52

Cannabis Law Report

FEBRUARY 22, 2020

This tension between federal and state laws 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.

State Laws 80

State Laws Compliance Compliance Recreational 80

Cannabis Law Report

MARCH 15, 2022

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 state law. These laws typically have two caveats. Dish Network has become irrelevant in an increasing number of jurisdictions.

Law 97

Law Marijuana THC Hemp 97

Cannabis Law Report

JULY 6, 2022

Unlike CBD Kratom, many cannabis companies sell products that while legal under state law 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.

Legalization 52

Legalization Tincture Banking Edibles 52

Cannabis Law Report

SEPTEMBER 23, 2021

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.

Hemp 52

Hemp Extraction Vaping Tincture 52

Cannabis Law Report

NOVEMBER 27, 2019

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 state laws. Read full report (Paywall).

Environment 80

Environment State Laws Cannabis Law 80

Cannabis Law Report

NOVEMBER 6, 2021

. “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 state laws,” she said.

Banking 52

Banking THC Hemp Cannabis 52

Cannabis Law Report

JULY 11, 2019

A misunderstanding of the 21st Amendment, which repealed Prohibition while granting states power to regulate the “transportation or importation” of alcohol, had allowed protectionist state laws to interfere with interstate commerce.

Retail 61

Retail State Laws Law Cannabis 61

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.

Business 45

Business Cannabis Law Legalization 45

Cannabis Law Report

JULY 31, 2019

1] As of the date of this article, thirty-three states and Washington D.C. have legalized medical marijuana use, and 11 states have legalized recreational marijuana use. [2]. 17] Thus, the court held that employers could lawfully terminate employees for marijuana use, even though such use was permitted under state law.

Law 40

Law Legalization Marijuana Policy 40

Cannabis Law Report

MAY 25, 2019

Moreover, because federal regulations often govern how drug tests are performed and verified, medical use of marijuana (even in the states where it is legal) does not constitute a legitimate medical reason for testing positive for cannabis metabolites. The second layer of haze is created by differences in the state acts.

Medicine 40

Medicine Topical Safety Cannabis 40

Cannabis Law Report

FEBRUARY 19, 2020

While the court declined to dismiss the action in its entirety (citing relevant state law 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. .”

CBD 45

CBD Retail Extraction Hemp 45

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. Carriage Funeral Holdings, Inc. and Noffsinger v.

Legalization 45

Legalization Safety Conditions State Laws 45

Cannabis Law Report

SEPTEMBER 10, 2021

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.

Retail 90

Retail State Laws Cannabis History 90

Cannabis Law Report

JANUARY 7, 2020

280E still penalizes cannabis businesses, even when they are regulated and comply with state law. The Reagan administration decided it needed to prevent future traffickers from following suit and created 280E.

Business 59

Business History Data State Laws 59

Cannabis Law Report

OCTOBER 20, 2019

She has written many articles and is a national speaker on the topics of marijuana; marijuana and drug impaired driving, drugged driving and specialty courts. xxiv] If marijuana is reclassified or the pending Fairness in Federal Drug Testing Under State Laws Act (H.R. Contact: www.judgemaryceleste.com.

Marijuana 45

Marijuana Pharmaceutical Chronic Pain Research and Development 45

Cannabis Law Report

AUGUST 27, 2021

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.

Hemp 105

Hemp Safety Food Data 105

Cannabis Law Report

AUGUST 30, 2019

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 state laws.

Packaging 45

Packaging Agriculture Concentrates Recreational 45

Cannabis Law Report

JULY 22, 2019

Simply stated, the SAFE Banking Act would protect financial institutions providing services to cannabis related businesses operating legally within the parameters of state law.

Banking 40

Banking Safety Business Cannabis 40

Cannabis Law Report

AUGUST 5, 2021

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 state laws regarding medical marijuana to establish a marijuana program in Tennessee upon the federal government reclassifying marijuana as a Schedule I controlled substance.

Law 105

Law Epilepsy Marijuana Oil 105

Cannabis Law Report

JUNE 30, 2021

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.

Banking 102

Banking Strains Law State Laws 102

Canna Law Blog

MAY 11, 2023

This included a press release by National Concessions, which advertised itself as “The Largest Cannabis Company in the US” as well as news articles describing “dabbing” as a new way to get high – which is what the oil dispenser was primarily linked to. The TTAB similarly found that NCG did not qualify for the second exemption either.

Oil 68

Oil State Laws Law Business 68

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. Practical Guidance.

Law 40

Law Policy Legislation Conditions 40

Cannabis Law Report

AUGUST 13, 2019

Recreational and Medical Marijuana Laws Increase Employer Obligations. In addition to added employment rights for recreational marijuana users, employers may also have obligations under state laws that protect employees who are certified medical marijuana users. Similar to the U.S. Source: [link].

Legalization 40

Legalization Marijuana Safety State Laws 40

Cannabis Law Report

MARCH 26, 2020

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.

Business 59

Business Legislation Access Policy 59

Cannabis Law Report

AUGUST 17, 2019

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 state law” — including cannabis pursuant to the Cannabis Act.

Policy 45

Policy Law Cannabis State Laws 45

Cannabis Law Report

DECEMBER 6, 2019

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 state law, unless the position held or sought is one involving “safety-sensitive job duties.”

Marijuana 45

Marijuana Safety Packaging Law 45

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.

Marijuana 45

Marijuana Policy Advocacy State Laws 45

Project CBD

MARCH 8, 2019

The California Veterinary Medical Board released a statement in early 2017 reminding veterinarians that state law 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.

Pets 215

Pets Legalization Hemp Extraction 215

Cannabis Law Report

OCTOBER 22, 2019

Most of the rules are similar to South Dakota’s, requiring remote sellers to register and begin collecting sales/use taxes if their gross sales in the current or preceding year exceed $100,000 or the remote seller has 200-plus sales transactions delivered into the state during the current or preceding year.

Collective 40

Collective Hemp Retail CBD 40

Cannabis Law Report

JANUARY 18, 2022

Other federal and state laws and regulations place additional limits on the legality of products containing THC and other cannabinoids.”. The article states that Hays Deputy Police Chief Brian Dawson “made clear” that law enforcement may arrest anyone they discover possessing illegal delta-8 products.

Hemp 52

Hemp THC Vaping State Laws 52

Cannabis Law Report

JULY 7, 2022

Specifically, the Sixth District found that, while the County is not compelled to return seized property if the property is illegal, the local ordinance at issue “ultimately regulates land use within the County; it does not (nor could it) render illegal a substance that is legal under state law.”. Blog: Cannabis Law Blog.

State Laws 52

State Laws Compliance Compliance Cultivation 52

Cannabis Law Report

JULY 18, 2021

The proposed ordinance is in response to state legislation. 21 — 180 days from the adoption of the state law — to create any local enforcement structure. Towns that do not act by then will be governed by the state’s law. Full Article at [link]. Under the N.J.

Cultivation 105

Cultivation Retail Packaging Business 105

SpeedWeed

MARCH 8, 2021

The mass reduction and dismissals came almost a year after the San Diego County district attorney’s office submitted a list of cases for relief as part of a state law that required prosecutors to find eligible cases. View original article. Eyherabide on Feb. Read more at The Los Angeles Times ].

Business 52

Business Marijuana State Laws Law 52