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In February 2018, the Bureau of Cannabis Control sent Weedmaps a cease and desist letter telling the company it was breaking statelaw by including advertisements for unlicensed businesses. The policy change was likely influenced by an impending class-action lawsuit that was in the works by the law firm of Zuber Lawler.
Consumer products lawblog. Class actions against CBD companies proliferate under federal and statelaw. And, just last week, a California defendant in a CBD class action filed a motion to dismiss on the grounds that the plaintiffs’ claims are preempted by federal law.
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. Blog: The Continuum of Risk.
It still makes clear that bringing cannabis into a jurisdiction would be unlawful where it would violate the laws of that jurisdiction. It’s not yet totally clear how this would play out for permit holders in states with current regimes, i.e., whether they would have to get federal permits and/or what criteria they’d be held to.
market, this blog post provides a brief overview of the regulatory framework surrounding Hemp-CBD pet foods. FEDERAL POLICIES. Consequently, the sale and marketing of Hemp-CBD pet foods currently violates FDA policies. STATELAWS. While there are many Hemp-CBD pet products on the U.S. percent total THC.
Drug policies must be updated and must address discrimination concerns. See our recent blog concerning a related Arizona court decision. Pritzker, said recently that he’s “reached an agreement with key lawmakers” on a plan to legalize recreational marijuana in the state starting next year. Illinois Governor J.B.
Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. At that time, many employers will be prohibited from taking certain actions in the absence of clear policies addressing marijuana use or evidence of impairment.
An-Chi Tsou is the principal at Tsou Consulting, LLC, specializing in state and local regulatory and legislative compliance, guidance, and advocacy. As most people know, statelaw provides very generous authority to local jurisdictions regarding operational requirements and standards. Authored By: An-Chi Tsou.
However, employers still must be mindful of the statelaw protections currently available to medical marijuana users including, among other things, not taking adverse action or otherwise discriminating against someone based solely on their status as a qualifying medical marijuana patient or their possession of medical marijuana.
The Legal Landscape: New Jersey’s MMJ Laws New Jersey’s medical marijuana program has evolved significantly since its inception in 2010 under the Compassionate Use Medical Marijuana Act (CUMMA). The law allows patients with certain medical conditions to get and use medical marijuana legally.
As we previously blogged, the Illinois Cannabis Regulation and Tax Act will legalize recreational cannabis for Illinois adults starting January 1, 2020. Further, the Act noted that employers have the right to discipline or terminate an employee who violates the employer’s workplace drug policy.
Justice Thomas said the Supreme Court’s ruling in 2005 upholding federal laws making marijuana possession illegal may now be out of date. Federal policies of the past 16 years have greatly undermined its reasoning,” he said. Rate this blog post. However, the 10th U.S. In sum, Justice Thomas’ remarks are something.
Banking , intellectual property , food and beverage (and cosmetics ), international trade , domestic trade , statelaws , ag production contracts , etc., law with respect to cannabis. When it comes to industrial hemp, the 2018 Farm Bill upended all of these things. That exchange takes U.S. So what does this mean for U.S.
Second, the law obviously changes nothing about the Controlled Substances Act or statelaw. Psilocybin is still a Schedule I substance per the federal Controlled Substances Act and Colorado law. Again, the world of potentially lawful psychedelics is very new and the next few years are likely to see major updates.
This guide aims to provide an in-depth exploration of medical marijuana laws in the USA, offering insights into the regulations, the legal status of medical marijuana, the differences between federal and statelaws, patient rights, dispensary regulations, and much more.
In fact, the Los Angeles Department of Public Health, which to some extent acts as a local enforcement arm for CDPH policies, issued guidance stating that Hemp CBD was an adulterant. So stay tuned to the Canna LawBlog as we continue to cover developments on the Hemp CBD front in California.
Before I get started, I want to provide a disclaimer for the non-lawyer readers of the blog. If Washington law conflicts with federal or tribal law, the lawyer shall also advise the client regarding the related federal or tribal law and policy. Limit the scope of your engagement to statelaw.
In the midst of this uncertainty, we have been stressing to our clients the importance of insurance coverage for your business (see Anatomy of a Cannabis Insurance Policy Part 1: The Basics )– especially insurance that covers your liability for your marijuana- and hemp-derived products. Breach of warranty. Strict liability.
The court stated, “it seems implausible that the voters intended to essentially decriminalize marijuana in prison.” ” Had the public intended to alter the laws and policies regarding possession of cannabis in prison settings, they would have stated so explicitly, the court ruled.
One such program is Vanderbilt Law School’s Course on Marijuana Law and Policy Review. This well-respected school offers a course that will provide critical education regarding the ever-changing ins and outs of marijuana law and policy. May a state legalize a drug the federal government forbids?
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.
Keeping up with changing cannabis industry news is easy when you read and listen to the right cannabis websites, blogs, newsletters, and podcasts , but what about learning the laws and regulations that are unique to each state? National Cannabis Industry Association (NCIA) State-by-StatePolicies.
As we previously explained , alcoholic beverages are regulated by federal and statelaws. Cannabis is heavily regulated at the state level but unlike alcohol, it is—for the most part—strictly prohibited under federal law. Pre-Manufactured Alcohol Beverages Infused with Hemp.
One does not need to be on federal property or travel between states to be guilty of a federal drug crime. The Supreme Court has held that even growing and using a marijuana plant at home for medical purposes, in accordance with statelaw, is an activity regulated by federal law because it may affect interstate commerce.
which Nebraska’s legislature passed last year to allow for hemp cultivation under statelaw. Last year, on November 16, 2018, Nebraska’s Attorney General issued an Opinion on CBD stating that CBD products remained illegal, despite the then-pending 2018 Farm Bill. 2-501 et seq.), ” NE St. §
Additionally, some states prohibit employers from disciplining employees for marijuana use outside of the workplace, and some states prohibit employment discrimination against medical marijuana users. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws.
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. Keep reading for a dozen great blogs, podcasts, newsletters, and daily alerts that can help you stay up-to-date in this continually evolving industry. MJBizDaily.
Nonetheless, recent developments in statelaws and new safeguards provide protections to first responders who rely on medical cannabis. In many jurisdictions, police officers, EMTs, and firefighters are subject to strict drug policies due to the nature of their work. This means it is illegal under federal jurisdiction.
Citizenship and Immigration Services (USCIS) announced that it would formally update its Policy Manual regarding how cannabis-related activity–even when it took place in states that have legalized the medical and recreational use of marijuana–would impact naturalization. green card holders).
This is because marijuana is still classified as a Schedule I controlled substance under federal law, which takes precedence over statelaw in many employment cases. Employers with strict drug-free workplace policies, especially those in industries subject to federal regulations, often follow federal law to the letter.
As we previously blogged, the Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) will legalize recreational cannabis for Illinois adults starting January 1, 2020. The Act permits employers to prohibit employees from being under the influence of or using cannabis in the employer’s workplace or while on call.
Employers can still enforce drug-free workplace policies and take action if your MMJ use impacts your job performance or safety. MMJ Card Job Protection Laws Job protection laws for MMJ cardholders in New York are a significant step forward, but they come with caveats. This distinction is crucial.
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.
An Oregon legislative task force established pursuant to HB 3000 (2021) and SB 1564 (2022) is developing policy proposals for 2023 relating to intoxicating cannabinoid products, illegal cannabis production, and water rights issues. The bill also created new crimes for individuals who haul water to illicit marijuana grows.
Across the country, states are moving to legalize medical and recreational cannabis. Drug policies must be updated and must address discrimination concerns. See our recent blog concerning a related Arizona court decision.
The Idaho Office of Drug Policy’s webpage on CBD Drug Policy indicates that Idaho’s position on CBD has not changed as of June 2019 and that the informal opinion from 2015 is still followed. The appeal involved the denial of Big Sky’s preliminary injunction by the state court.
All of this has been based on administrative policy declared by the Secretary of State’s Office, not on legislation or a change to the California Business and Professions Code, but Senate Bill 185 , which was introduced on January 30, 2019 and just went to committee, would change that.
Here’s their blog post of 8 October. Beyond Pesticides , October 8, 2019) As medicinal and recreational marijuana continue to be legalized in a growing number of states, concerns about the safety of the burgeoning industry—how the substance is grown, harvested, processed, distributed, sold, and used—have emerged.
Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with statelaw. With the ever-changing laws and regulations, hemp businesses should expect to discuss the efforts they make to stay up-to-date on law and policy regarding hemp.
The policy changes were announced in a blog post from Amazon CEO Dave Clark that was published by the company on June 1. Under the new policy, such screenings will end for most employment positions in the U.S. “In However, given where statelaws are moving across the U.S., jobs for cannabis use.
It aims to provide regulated and secure avenues for patients to obtain medical marijuana while ensuring adherence to stringent statelaws and regulations. To qualify for the West Virginia medical marijuana program, patients must have a qualifying medical condition as defined by statelaw.
While the Treasury Secretary admitted he’s not familiar with the Act, he acknowledged that the current conflict between federal and statelaw is a “significant issue.” This is something where there is a conflict between federal and statelaw that we and the regulators have no way of dealing with.
It’s often easy for foreign companies to assume that because cannabis is state-lawful, it is similar to any other investment. An investment into or acquisition of a Washington-based cannabis company that renders foreign citizens (or even out-of-state) owners may jeopardize the license. #2 This couldn’t be farther for the truth.
These employers are more likely to routinely test employees for drug use, and they are more likely to have strict policies against marijuana use. Most states allow employers to require that potential employees take a drug test before they are hired or begin work. Drug Testing.
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