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Update: DOJ and SAFE Banking Act

Canna Law Blog

This is definitely an issue with these piecemeal cannabis bills: there will always be collateral effects regarding compliance with other, existing federal laws. The fact that the DOJ isn’t entirely fighting the legislation is a good development. This is a somewhat troubling observation by the DOJ, but probably an accurate one.

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FDA CBD Regulations Are On the Way (Sorta)

Canna Law Blog

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”).

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How long will delta-8 remain legal?

SpeedWeed

Many states are now scrambling to close legal loopholes in their drug laws to bring delta-8 into regulatory compliance. In North Dakota, a state legislative committee recently voted to accept amendments that would change the state’s definition of THC. Andrea Golan expects a federal response to delta-8 will first come from the DEA. “We

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The Supreme Court Puts a Halt to a Commandeering Congress

MJ Business Attorneys

Congress cannot commandeer states’ legislative authority, a principle known as the “anti-commandeering” rule interpreted from the Tenth Amendment to the U.S. The Supreme Court’s holding last Monday affirmed the principle that Congress does not have the power to order states to pass or refrain from passing laws.

Policy 100
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Seyfarth on CBD – February 2020 Update

The Blunt Truth

Manufacturers are responsible for certifying records, including all product data, which includes, for example, information on formulation, labeling, and DEA Schedule. Collin Peterson Introduces New Legislation Permitting CBD Marketing in Dietary Supplements. CBD Class Action Litigation. Other CBD companies, like CV Sciences Inc.

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What CBD Shutdowns Mean and How to Fix the Problem

Cannabis Law Report

Ultimately, while the 2018 Farm Bill clarified that hemp is not a controlled substance – and the Drug Enforcement Administration (“DEA”) has no authority over it – the legislation did not resolve lingering questions related to federal food and drug regulations which protect consumer safety, as overseen by the Food and Drug Administration (“FDA”).

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Is Delta-8 THC a Controlled Substance? Yes. No. Maybe. – Cannabis Business Executive

SpeedWeed

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.” This chemical conversion is at the root of the legal confusion.

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