Cannabis Law Report

APRIL 14, 2022

A January letter from the Drug Enforcement Agency (DEA) revealed its official stance that marijuana seeds with a delta-9 tetrahydrocannabinol (THC) concentration lower than 0.3% The 2018 Farm Bill excluded hemp from the Controlled Substances Act (CSA)’s definition of marijuana, lifting control on all parts of the plant Cannabis sativa L.,

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DEA THC Hemp Legalization 52

Cannabis Law Report

APRIL 8, 2022

Marijuana might be federally prohibited, but the Drug Enforcement Administration (DEA) has effectively acknowledged that the plant’s seeds are generally uncontrolled and legal, regardless of how much THC might end up being produced in buds if those seeds were cultivated. percent THC. are uncontrolled as long as they don’t exceed 0.3

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DEA THC Cultivation Legalization 52

Greenspoon Marder Cannabis Law Group Blog

AUGUST 26, 2020

Drug Enforcement Administration (“DEA”) published an interim final rule surrounding hemp and hemp derivatives. In addition, the definition of hemp does not automatically exempt any product derived from a hemp plant, regardless of the ? The post DEA Attempts To Regulate CBD Processing appeared first on Greenspoon Marder Cannabis Law.

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DEA CBD Extraction Hemp 40

Cannabis Law Report

AUGUST 26, 2019

DEA Announces Steps Necessary to Improve Access to Marijuana Research. The DEA is providing notice of pending applications from entities applying to be registered to manufacture marijuana for researchers. 20, 2018, changed the definition of marijuana to exclude “hemp”—plant material that contains 0.3 Office of Public Affairs.

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DEA Access Marijuana Programs 59

Canna Law Blog

JUNE 13, 2023

Drug Enforcement Administration (DEA) to implement and enforce the relevant provisions of the Controlled Substances Import and Export Act which makes it a crime to bring controlled substances into the country without a proper license. CBP coordinates with a wide range of partner government agencies (e.g., FDA, EPA, DOT, ATF, CPSC, etc.)

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DEA Marijuana Hemp Concentrates 63

Freedom Leaf

OCTOBER 15, 2018

On September 28, the DEA designated Epidiolex —a plant-based CBD pharmaceutical manufactured by the UK-based GW Pharmaceuticals—a Schedule V drug in the government’s list of controlled substances. schedules were created by the Controlled Substances Act (CSA) in 1970 and are interpreted and enforced by the DEA.

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DEA CBD Pharmaceutical Epilepsy 51

United Patients Group

JANUARY 15, 2023

However, the DEA and FDA still consider CBD a drug regulated under the Schedule I classification. The DEA definition of a Schedule 1 substance is : Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.

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THC CBD DEA Cannabinoids 116

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. While THCA itself is not referred to in the federal definitions of marijuana or hemp, it nevertheless plays an essential role in the determination of a products status as legal or illegal because of the conversion to THC.

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DEA THC Hemp Agriculture 79

Cannabis Law Report

NOVEMBER 16, 2021

As of November 11, 2021, the DEA has yet to issue a binding opinion. Update: Since the posting of this blog, Drug Enforcement Administration officials have made comments suggesting that delta-8 THC is not a federally controlled substance. “Hemp” is defined in the 2018 Farm Bill as the cannabis plant containing no more than.3%

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THC DEA Hemp Agriculture 52

Cannabis Law Report

JUNE 12, 2021

However, a less well known cannabis compound, which can be found in plants falling under the federal definition of “hemp,” is gaining notoriety for its ability to produce what its proponents consider, “legal weed”.

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THC DEA Hemp Agriculture 105

Veriheal

MARCH 6, 2024

Department of Health and Human Services (HHS) recommended that the Drug Enforcement Agency (DEA) reshedule cannabis as a Schedule III substance in August of 2023. That said, rescheduling will definitely remedy one major headache for cannabis business owners — taxes!

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Research and Development DEA Chronic Pain Business 62

Veriheal

AUGUST 23, 2023

A disputable new social media drug reporting bill believes that social media companies should screen client posts and report any drug-related exercises to the DEA. Senator Ron Wyden is unequivocally against this thought, profoundly worried that it could disregard individuals’ protection privileges and the right to speak freely.

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Media DEA Advocacy Legislation 52

Cannabis Law Report

AUGUST 23, 2022

Significantly, the court decided that downstream hemp-derived delta-8 THC products can fit within the legal definition of “hemp” under the Agricultural Improvement Act of 2018 (most call it the 2018 Farm Bill) so long as they consist of less than 0.3% The Ninth Circuit Finds That the Definition of Hemp Turns on Delta-9 THC Concentration.

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Hemp DEA THC Concentrates 52

Cannabis Law Report

MAY 26, 2022

Key Notes: The Ninth Circuit found that Delta-8 THC products are federally legal under the plain meaning of the definition of “hemp” set by the 2018 Farm Bill, making it the first Circuit to find such products lawful. Date: May 25, 2022. In other words, any contrary agency language is overridden by clear statutory text.

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THC Hemp DEA Consumption 52

Cannabis Law Report

JULY 1, 2022

The Ninth Circuit noted that the Farm Act removed “hemp” from the definition of marijuana in the Controlled Substances Act, thereby eliminating hemp as a Schedule I controlled substance. percent delta-9 THC, the court ruled AK Futures’ Cake products fit comfortably within the Farm Act’s statutory definition for hemp.

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THC DEA Hemp Vaping 52

SpeedWeed

APRIL 27, 2021

It’s definitely exploded,” she told Leafly. In Oregon, lawmakers are working on regulations that would create a definition for “artificially derived” cannabinoids, in order to regulates such compounds under the state’s medical and adult-use cannabis laws. D-8 is legal federally, and most state laws don’t specifically address it.

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Legalization DEA Supply Chain Hemp 52

Cannabis Law Report

FEBRUARY 10, 2022

Court of Appeals for the Ninth Circuit dismissed a petition for review of a Drug Enforcement Administration (DEA) response to an attorney’s letter seeking advice and guidance on how a physician could administer psilocybin to a terminally ill patient without incurring liability under the Controlled Substances Act (CSA). By Allison Campbell.

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DEA Clinical Trials Policy Research and Development 52

Canna Law Blog

JULY 26, 2023

But Congress is trying to regulate that plant in profoundly different ways, under statutes tethered by the most tenuous, definitional threads. This ties directly into marijuana policy, the Controlled Substances Act, and what DEA is thinking about. This would moot the problematic DEA rule referenced above, which was upheld by the D.C

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Hemp DEA THC Policy 81

Canna Law Blog

SEPTEMBER 29, 2023

Now in Bio Gen , the court took the position that the state and federal definitions of “hemp” were in conflict. The Controlled Substance Act prohibits synthetic THCs, and DEA’s 2020 interim final rule stated that any quantity of synthetic THC is controlled. So according to DEA, delta-8 is illegal.

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Hemp Law DEA Cannabinoids 102

Canna Law Blog

SEPTEMBER 15, 2022

That case arose out of an FCC proceeding concerning the agency’s definition of “cable system” as used in the Cable Communications Act of 1984 (Cable Act). The court reasoned there are “numerous conceivable public health and safety reasons” to justify Congress’ and the DEA’s continued regulation of marijuana. 307 (1993).

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DEA Marijuana Safety Legislation 81

Cannabis Law Report

JUNE 16, 2021

The 2018 Farm Bill categorically removed hemp from the definition of marijuana and modified the definition of tetrahydrocannabinol to exclude tetrahydrocannabinol in hemp. 3% THC and all synthetic cannabinoids as controlled substances. .

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THC Hemp Media Data 117

SpeedWeed

MARCH 11, 2021

Although all hemp-derived cannabinoids, including hemp-derived Delta-8 THC, seem to fall squarely within the definition of hemp enacted under the Agriculture Improvement Act of 2018 (the “ 2018 Farm Bill”) , uncertainties remain regarding the federal legality of cannabinoids like Delta-8 THC that are derivatives of other hemp-derived cannabinoids.

THC 52

THC Business DEA Cannabinoids 52

Canna Law Blog

APRIL 24, 2023

Most interestingly, the reconstituted SB 353 would allow OLCC licensees to export intoxicating products that fall under the federal definition of hemp, along with marijuana seeds. Suffice it to say that DEA has opined that it is — at least for now. That seems to be good enough for the drafters of this bill. Will SB 353 pass?

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Hemp Seed-To-Sale Marijuana Cannabinoids 72

Canna Law Blog

DECEMBER 6, 2022

This is definitely an issue with these piecemeal cannabis bills: there will always be collateral effects regarding compliance with other, existing federal laws. Section 3 and 14 (“Definitions”) read together result in interpretive uncertainties. definition of “cannabis-related legitimate business” is ambiguous. Notable concern.

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Banking Compliance Compliance State Laws 81

Veriheal

AUGUST 19, 2020

A definition for narcotic is a little complicated to pin down, though. The Drug Enforcement Administration (DEA) says that the word refers to opium and its derivatives. However, the DEA is an American agency, so it’s unlikely that the EU has consulted their definition. Cannabis certainly wouldn’t fall under that umbrella.

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Food CBD DEA Safety 52

SpeedWeed

MARCH 21, 2021

When asked if that’s because of language from the Drug Enforcement Administration (DEA) that states that tetrahydrocannabinols are illegal when synthetically produced from cannabis, he said, “Right, that’s true. Delta-8 isn’t mentioned by name in the 2018 Farm Bill, the DEA’s IFR or the Controlled Substances Act.

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THC Business DEA Cannabinoids 52

SpeedWeed

MARCH 17, 2021

When asked if that’s because of language from the Drug Enforcement Administration (DEA) that states that tetrahydrocannabinols are illegal when synthetically produced from cannabis, he said, “Right, that’s true. Delta-8 isn’t mentioned by name in the 2018 Farm Bill, the DEA’s IFR or the Controlled Substances Act.

DEA 52

DEA Cannabinoids Research and Development THC 52

Cannabis Law Report

AUGUST 12, 2022

The Ninth Circuit found that AK Futures’ delta-8 products “fit comfortably” within the statutory definition of hemp, concluding that delta-8 may be “properly understood as a derivative, extract, or cannabinoid originating from the cannabis plant and containing ‘not more than 0.3 What about the DEA? percent’” delta-9 THC.

THC 52

THC DEA Hemp Vaping 52

Veriheal

DECEMBER 11, 2020

Further, the DEA hasn’t exactly been helping matters, in fact, they may even be making things worse. . The DEA has thwarted research by refusing to process and approve any additional cannabis manufacturers. The fact that it’s now being addressed by Congress is definitely a step in the right direction.

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DEA Recreational THC Dispensary 71

SpeedWeed

AUGUST 16, 2021

During the keynote session titled “Sue’n the DEA: The Story of a Cannabis Research Breakthrough,” Dr. Sisley—a pioneering medical cannabis researcher and volunteer medical director for more than 40 state cannabis licenses—will share her journey on navigating scientific and legal complexities of medical cannabis research.

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Media Clinical Trials DEA Hemp 52

SpeedWeed

MARCH 21, 2021

When asked if that’s because of language from the Drug Enforcement Administration (DEA) that states that tetrahydrocannabinols are illegal when synthetically produced from cannabis, he said, “Right, that’s true. Delta-8 isn’t mentioned by name in the 2018 Farm Bill, the DEA’s IFR or the Controlled Substances Act.

Research and Development 52

Research and Development Hydroponic DEA Cannabinoids 52

Canna Law Blog

JULY 24, 2020

Specifically, the agency warns of the eventuality that starting materials that meet the definition of hemp may be considered Schedule I controlled substances if their THC levels were to rise above 0.3. Some manufacturing processes may generate materials, such as intermediates or accumulated by-products, that exceed the 0.3

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CBD Research and Development DEA Concentrates 92

Canna Law Blog

JANUARY 17, 2020

If passed in it’s current form, HR 5587 would amend the FDAC’s definition of dietary supplement (21 U.S.C. The FDA could deal with this through regulation, as the FDAC does grant the FDA Secretary the authority to regulate around the definition of dietary supplement. Remember, federal agencies only exist because of federal lawmakers.

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Hemp CBD Food Cannabinoids 98

Cannabis Law Report

APRIL 14, 2019

The legal definition of hemp is that it must contain 0.3 Even though the 2018 Farm Bill changed that legal definition, law enforcement has yet to change with it. However, the most significant difference between hemp and marijuana is their chemical composition. percent THC or less, but some hemp plants will go over that percentage.

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Hemp Ruderalis Marijuana Sativa 59

Canna Law Blog

SEPTEMBER 29, 2023

Now in Bio Gen , the court took the position that the state and federal definitions of “hemp” were in conflict. The Controlled Substance Act prohibits synthetic THCs, and DEA’s 2020 interim final rule stated that any quantity of synthetic THC is controlled. So according to DEA, delta-8 is illegal.

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Hemp Law DEA Cannabinoids 52

Cannabis Law Report

OCTOBER 31, 2019

The first crisis point initiated by the Rule is its requirement that Labs “ must be registered by the DEA to conduct chemical analysis of controlled substances (in accordance with 21 CFR 1301.13). ” concentration of THC on a dry weight basis, which is, by definition, marijuana and a Schedule 1 controlled substance. ”

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Hemp DEA Concentrates THC 45

Cannabis Law Report

JULY 26, 2021

There is no federal definition for synthetic derivatives, which has created quite a bit of confusion over the federal legality of Delta-8. Recall the National Cancer Institute’s definition describing Delta-8 as an analogue of THC with properties that affect the central nervous system where it is processed.

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THC Agriculture Hemp Extraction 105