Cannabis Law Report

AUGUST 23, 2022

The debate surrounding delta-8 THC and the proper regulation of intoxicating hemp products has accelerated greatly over the last several months, fueled by multiple court decisions, federal policy actions, and new state laws. Not least of which is last May’s decision in AK Futures LLC v. Distro, LLC , No. May 19, 2022).

Hemp 52

Hemp DEA THC Concentrates 52

Kind Meds (Cannabis Education Blog)

JULY 6, 2021

As it stands, the legality of delta-8 in the United States is a bit complicated. Currently, there are not many state laws actually addressing delta-8 THC, leaving it in a sort of legal gray zone. states seem to consider delta-8 to be illegal. Nonetheless, the DEA’s proposed rule has yet to be implemented.

THC 52

THC CBD Edibles Hemp 52

The Joint Blog

JUNE 4, 2021

Schedule I drugs like heroin, Lysergic Acid Diethylamide (LSD), and ecstasy are strictly regulated by the Federal Government but Marijuana has be made an exception in some states. Marijuana is also classified as a Schedule I drug but it has been given the approval for medical and recreational at some state levels.

Conditions 32

Conditions Chronic Pain Marijuana Research and Development 32

Canna Law Blog

MAY 12, 2025

Unfortunately, state-legal U.S. Of note, in this blog post I use the word cannabis when referring to the entire plant; it is also the word used in the 1961 Single Convention. As I discussed in The Hidden Potential Winners of Marijuana Rescheduling: DEA-Registered Bulk Manufacturers , U.S. In contrast, the U.S. How the U.S.

DEA 95

DEA Marijuana Supply Chain Policy 95

SpeedWeed

DECEMBER 28, 2018

The facility, which has a “zero tolerance” policy on “drug use” (except alcohol and pharmaceuticals) kicked Flickner to the curb in the freezing cold despite the fact that he uses a wheelchair and has a doctor’s recommendation to consume medical cannabis per state law. So he ended up in a homeless shelter.

Pharmaceutical 40

Pharmaceutical Research and Development Legalization CBD 40

Canna Law Blog

FEBRUARY 18, 2022

I’ve spent considerable time explaining the law regarding religious use of psychedelics on the Psychedelics Law Blog lately. A lot of that same law applies equally to cannabis. As noted, I’ve written extensively on these issues on our sister blog and won’t re-hash them in detail here. State legal cannabis churches?

Legalization 98

Legalization DEA Hash State Laws 98

Canna Law Blog

MAY 29, 2024

In my June 2023 post, I concluded that even if there are good arguments for THCA’s legality, practically speaking law enforcement was likely to consider THCA in calculating total THC, given the fact that THCA converts to THC upon application of heat. But, it bears mentioning that DEA’s interpretations are just that.

Hemp 90

Hemp DEA Seed-To-Sale THC 90

Canna Law Blog

SEPTEMBER 6, 2023

Many people in the cannabis industry are convinced that this HHS recommendation to the Drug Enforcement Administration (DEA) means that the DEA will undertake this rescheduling (and fairly quickly, too–which would be a huge departure from its refusal to reschedule back in 2016). Just my two cents; feel free to disagree.

Research and Development 126

Research and Development DEA Marijuana Pharmaceutical 126

Canna Law Blog

JANUARY 23, 2025

However, they are neither strictly hemp nor marijuana until a state makes that determination. In fact, in some states they may be both marijuana and hemp. Marihuana (referred to in this blog post as marijuana) is defined in the Controlled Substances Act (CSA), as all parts of the plant Cannabis sativa L.,

Seed-To-Sale 105

Seed-To-Sale DEA Marijuana Sativa 105

Canna Law Blog

OCTOBER 13, 2020

law are forced to petition the United States Drug Enforcement Administration (DEA) to do so. The petition process is set out in a set of interim guidelines published by the DEA (Interim Guidelines). I imagine the DEA will be sued over those, too. said controlled substance.

DEA 97

DEA Legalization History Compliance 97

Canna Law Blog

AUGUST 2, 2020

And it’s not so much the case anymore that the Drug Enforcement Administration (DEA) or Department of Justice (DOJ) are coming to knock down your door and arrest and prosecute you as a cannabis business owner for open violations of the federal Controlled Substances Act (CSA). And that is what made last week’s new so interesting.

DEA 98

DEA Business Compliance Compliance 98

Canna Law Blog

SEPTEMBER 29, 2023

An Arkansas District Court didn’t legalize intoxicating cannabinoids nationally, either More recently, hemp attorney Rod Kight posted a blog post entitled “ DID A FEDERAL COURT ORDER JUST LEGALIZE THCA AND DELTA-8 THC IN ALL 50 STATES? Imagine a state law that said you did not have to comply with a federal law.

Hemp 119

Hemp Law DEA Cannabinoids 119

Canna Law Blog

SEPTEMBER 3, 2020

This summer, the DOJ and the DEA sued the BCC because the BCC refused to comply with a DEA subpoena about the alleged extracurricular drug trafficking above. The BCC has refused to provide that information to the DEA. In the January subpoena (which is standard and boilerplate), the DEA wrote that “the information sought.

DEA 98

DEA Compliance Compliance Law 98

Canna Law Blog

JUNE 15, 2023

According to the DEA , if hemp or its derivatives contain levels of THC in excess of 0.3%, they are considered marijuana. First, state law is also important to consider. Even if something is allowed federally, if it is banned in a state, it can’t be sold there. delta-9 tetrahydrocannabinol (THC).

DEA 98

DEA THC Hemp Agriculture 98

Canna Law Blog

OCTOBER 1, 2020

Olsen issued a memorandum entitled “Memorandum Opinion for the Chief Counsel, Drug Enforcement Administration” (the “ Olsen Memo ”) to the United States Drug Enforcement Administration (“DEA”). The Peyote Regulation requires that peyote uses would be required to comply with all other laws—including state laws.

History 98

History Law DEA Safety 98

Cannabis Law Report

JUNE 11, 2021

Cannabis cannot be lawfully prescribed by physicians; physicians can only “recommend” its use to patients based on individual state laws that identify who qualifies as a patient for its use. This answer depends on state law. That’s about it though. Can anyone own and operate a ketamine clinic?

Law 80

Law Compliance Compliance DEA 80

Canna Law Blog

AUGUST 30, 2020

Many state law enforcement agencies simply mistook hemp for an illegal controlled substance. Here’s a good example: New York law enforcement apparently arrested and charged a person transporting hemp that they thought was illegal cannabis (apparently the company is now suing). The post Is Transporting Hemp Really Worth the Risk?

Hemp 98

Hemp Agriculture Extraction THC 98

Canna Law Blog

NOVEMBER 3, 2023

The Latest Lawsuits to End Federal Prohibition Cannabis Litigation: Second Circuit Could Force DEA to Re- or Deschedule Marijuana The Lawsuit Against Jeff Sessions The post The Lawsuit to End Federal Cannabis Prohibition Wouldn’t Really End Federal Cannabis Prohibition appeared first on Harris Sliwoski LLP (Formerly Harris Bricken).

Topical 124

Topical DEA Cannabis State Laws 124

Canna Law Blog

MAY 28, 2024

” What that means is that rescheduling will have no impact on things like the prohibition on interstate commerce, which has kept California walled off from other states (at least California’s legal market). Rescheduling also won’t impact state law where it counts.

Marijuana 109

Marijuana DEA Retail Cannabis 109

Canna Law Blog

OCTOBER 26, 2020

Another important point on compliance with state law is that it reduces (though nothing can completely eliminate) the risk of federal enforcement. As we wrote a few months ago, the BCC recently was forced to turn over records to the DEA of cannabis businesses who allegedly were unlawfully importing cannabis from Mexico.

Compliance 98

Compliance Compliance DEA Business 98

Canna Law Blog

MARCH 4, 2020

Similar to ketamine, psilocybin has shown great promise in clinical trials for helping to effectively treat depression and PTSD (and we’ve written about psilocybin several times on this blog, including here and here ). Failure to follow these very specific legal directives can lead to immediate criminal liability under federal law.

Legalization 55

Legalization Therapy Chronic Pain DEA 55

Canna Law Blog

NOVEMBER 16, 2021

The enforcement role moves from DEA to ATF. When it comes to enforcing federal cannabis regulations, the Drug Enforcement Administration (“DEA”) is out and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is in (in addition to TTB as the primary overseer). Age limits (21).

DEA 98

DEA Business Banking Food 98

SpeedWeed

MARCH 11, 2021

This blog post provides a broad, 30,000-foot view on this issue. Back in August 2020, the Drug Enforcement Administration (the “DEA”) released its Interim Final Rule (the “ IFR” ) in which the agency stated, in part, that “[a]ll synthetically derived tetrahydrocannabinols remain schedule I controlled substances.” Delta-8 THC.

THC 52

THC Business DEA Cannabinoids 52

Canna Law Blog

SEPTEMBER 29, 2023

An Arkansas District Court didn’t legalize intoxicating cannabinoids nationally, either More recently, hemp attorney Rod Kight posted a blog post entitled “ DID A FEDERAL COURT ORDER JUST LEGALIZE THCA AND DELTA-8 THC IN ALL 50 STATES? Imagine a state law that said you did not have to comply with a federal law.

Hemp 52

Hemp Law DEA Cannabinoids 52

Canna Law Blog

JANUARY 3, 2023

Until recently, CBD resided in a legal penumbra where hemp was still scheduled on the federal Controlled Substances Act and could not be cultivated without a permit from the Drug Enforcement Administration (“DEA”).

CBD 96

CBD Food Clinical Trials Pets 96

NewsMunchies

DECEMBER 22, 2021

As of this writing, cannabis remains a prohibited Schedule 1 drug, defined by the DEA as having “no currently accepted medical use and a high potential for abuse.” . Most Americans have access to either medical or adult-use cannabis under state laws. Since 2012, 18 states and Washington, D.C., Rate this blog post.

Law 89

Law Marijuana DEA Recreational 89

Cannabis Law Report

NOVEMBER 2, 2021

Five of them used an age verification form , which is in compliance with the FDA age requirements and state laws, where the customer has to upload a photo of a government ID, and the other required a signature on delivery of the package. The second argument is based on a DEA interim final rule on the topic of synthetic THC.

THC 96

THC CBD Legalization Vaping 96

Canna Law Blog

SEPTEMBER 8, 2023

280E reform won’t change regressive state taxation, but that’s often much less impactful than federal reform. Technically , schedule III means a host of DEA and FDA regulations could apply. And we won’t know until rescheduling happens and the DEA and FDA provide guidance on the matter.

DEA 121

DEA Cannabis Programs Business 121

Canna Law Blog

AUGUST 7, 2023

What I generally say is that in most cases, there will be no federal or state law that specifically deals with that cannabinoid. I think it is also key to consider state law and whether it imposes restrictions beyond the CSA and NDI process. People constantly ask me how X cannabinoid will be regulated.

Cannabinoids 97

Cannabinoids Food DEA CBD 97

Canna Law Blog

DECEMBER 6, 2022

As we blogged about last week, the SAFE Banking Act is trying to claw its way back from the dead during this lame duck session of Congress. This is definitely an issue with these piecemeal cannabis bills: there will always be collateral effects regarding compliance with other, existing federal laws. What happens now?

Banking 98

Banking Compliance Compliance State Laws 98

Canna Law Blog

JANUARY 11, 2022

The War on Cannabis continues through aggressive state and local enforcement and prohibition measures with no end in sight. This is all very bad and we collectively need to figure out how to get people to comply with state law rather than penalizing everything. This left enforcement to state regulators.

Compliance 97

Compliance Compliance State Laws DEA 97

The Joint Blog

JUNE 2, 2020

Application of the law is applied to persons who own, nurture, or distribute cannabis in enormous quantities. State Law The law on cannabis use varies from state-to-state and penalties differ depending on the gravity of the violation. Let us take a look at some California state laws.

Decriminalization 29

Decriminalization Recreational Advocacy Policy 29