Canna Law Blog

SEPTEMBER 29, 2023

The law is not settled, the text of the 2018 Farm Bill is anything but clear, and whole lot can ( and probably will ) change with the upcoming Farm Bill. In order to have a protectible trademark, the good or service must be lawful in commerce. The infringer argued that delta-8 products were not lawful. That in my view, is wrong.

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Hemp Law DEA Cannabinoids 102

Canna Law Blog

SEPTEMBER 1, 2020

Last week the Drug Enforcement Administration (DEA) issued a bad interim hemp rule. North Carolina attorney Rod Kight raised these concerns as well and he and I both spoke to Kyle Jaeger of Marijuana Moment about why we think are concerned about the DEA’s interim hemp rule. Weekly in a phone interview.

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DEA Hemp Seed-To-Sale THC 83

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

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

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. The Agriculture Improvement Act of 2018, which was signed into law on Dec. Office of Public Affairs. FOR IMMEDIATE RELEASE.

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DEA Access Marijuana Programs 59

Canna Law Blog

SEPTEMBER 29, 2023

The law is not settled, the text of the 2018 Farm Bill is anything but clear, and whole lot can ( and probably will ) change with the upcoming Farm Bill. In order to have a protectible trademark, the good or service must be lawful in commerce. The infringer argued that delta-8 products were not lawful. That in my view, is wrong.

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Hemp Law DEA Cannabinoids 52

Canna Law Blog

JUNE 13, 2023

trade law and the “reasonable care” standard U.S. trade laws place a legal burden on the importer of record to exercise “reasonable care” to make sure that imported products are accurately declared to U.S. laws and regulations. that have expertise in the laws and regulations applicable to particular products.

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DEA Marijuana Hemp Concentrates 63

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

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 114

Cannabis Law Report

JULY 30, 2021

The CAOA does not allow states to prohibit interstate transfer of lawful cannabis or cannabis products through its borders for lawful delivery into another state. The CAOA would amend the definition of “dietary supplement” under the FDCA to remove the prohibition of hemp-derived CBD as an ingredient in a dietary supplement.

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Hemp Law Seed-To-Sale Food 105

Cannabis Law Report

JUNE 11, 2021

Nonetheless, while the use of ketamine to treat mental health issues is definitely an emerging area in medicine, it’s place in the healthcare regulatory world is already well-established and failure to comply accordingly has serious consequences. This answer depends on state law. That’s about it though.

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Law Compliance Compliance DEA 104

CannaMD

SEPTEMBER 15, 2020

What law legalized medical marijuana in Florida? How does Florida law define medical marijuana? To fully understand this definition, you also need to know two other legal definitions: Medical marijuana treatment center. (And, if you still need your card at the end – we’ve got you covered there, too!).

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Law Marijuana Patients Treatment 126

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

Canna Law Blog

DECEMBER 6, 2022

The DOJ provides the example that “a marijuana-related business could be laundering proceeds from fentanyl sales on the side, or from marijuana sales conducted outside of the state regulatory framework”, and that the SAFE Banking Act, as written, wouldn’t allow law enforcement or prosecutors to do their jobs effectively.

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Banking Compliance Compliance State Laws 80

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

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. percent Delta-9 THC, the Ninth Circuit found that they were lawful and that the preliminary injunction was merited.

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THC Hemp DEA Consumption 52

Cannabis Law Report

JULY 1, 2022

Instead, Boyd Street argued that AK Futures could not own a valid trademark in connection with Cake-branded products because federal law forbids possession and sale of delta-8 THC. AK Futures responded that the 2018 Farm Act legalized delta-8 THC products and its use of the Cake trademark in commerce was lawful.

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THC DEA Hemp Vaping 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. Both Oregon and California (and now Washington) have THC program export bills, but those laws are anticipatory and mostly symbolic. Will SB 353 pass?

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Hemp Seed-To-Sale Marijuana Cannabinoids 71

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. The Ninth Circuit Finds That the Definition of Hemp Turns on Delta-9 THC Concentration. Distro, LLC , No.

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Hemp DEA THC Concentrates 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

SpeedWeed

APRIL 27, 2021

That’s because delta-8 is derived from federally legal hemp, which by law contains less than 0.3% D-8 is legal federally, and most state laws don’t specifically address it. It’s definitely exploded,” she told Leafly. The bill also removed “tetrahydrocannabinols in hemp” from the federal CSA definition of THC. delta-9 THC.

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Legalization DEA Supply Chain Hemp 52

Cannabis Law Report

AUGUST 12, 2022

According to Law360, AK Futures – which sells the popular “Cake”-branded delta-8 THC vaporizers – won its latest court fight when a federal judge again ruled that hemp-based products are protected under federal copyright laws because hemp was legalized in 2018. In the case, U.S. and A1 Wholesale Supply Co., Delta-9 THC by weight.

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THC DEA Hemp Vaping 52

Cannabis Law Report

JANUARY 13, 2022

In The Weeds welcomes the new year, as well as a number of new cannabis laws and policies taking effect around the country in 2022. Below is a list of state law updates to look forward to this year. 2021-4 , warning that the state categorizes many varieties of delta-8 THC as illegal substances under recent amendments to Kansas law.

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Dispensary Law Concentrates DEA 52

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.

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THC Business DEA Cannabinoids 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. Delta-8 and Delta-10 THC products), the Ninth Circuit Court of Appeals said: those products may be OK ; that’s “lawful use in commerce.” When hemp is processed for intoxicating effects (e.g.

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Hemp DEA THC Policy 81

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 bill would also amend the FDAC to clarify that federal law does not prohibit a person from introducing Hemp CBD into interstate commerce, as shown by the proposed amendments to 21 U.S.C.

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Hemp CBD Food Cannabinoids 97

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.

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DEA Cannabinoids Research and Development THC 52

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 80

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

Cannabis Law Report

APRIL 14, 2019

The legal definition of hemp is that it must contain 0.3 Consequently, law enforcement has never taken the time to learn how to distinguish the two plants; and why would they? If both hemp and marijuana are considered the same plant under the law, why bother learning the difference?

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Hemp Ruderalis Marijuana Sativa 59

Cannabis Law Report

JULY 26, 2021

Cannabis and the Law. Is Delta-8 legal under federal law? Even though it is not as potent as Delta-9, Delta-8 is included on the DEA’s list of controlled substances under “tetrahydrocannabinols” and thus, it is a controlled Schedule 1 drug. Is Delta-8 legal under state law? Is Delta-8 legal under state law?

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THC Agriculture Hemp Extraction 105

MJ Business Attorneys

MAY 29, 2018

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. Murphy holds that state-law repeals are not pre-emptible. NCAA, et al., It is important to recognize the federal government is not without power.

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Policy State Laws DEA Legislation 100

Cannabis Law Report

AUGUST 5, 2019

This week I moderated a webinar at the Food & Drug Law Institute (FDLI) on the regulation of cannabis-derived products. In the federal executive branch alone, DOJ (especially DEA), USDA, FDA, and NIH all play major roles. This is a product & policy area that’s evolving as I type.

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DEA Food Treatment CBD 55

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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Research and Development Hydroponic DEA Cannabinoids 52

CannaMD

AUGUST 8, 2020

Drugs, substances, and certain chemicals used to make drugs are classified into five categories (known as schedules ) depending on the Department of Drug Enforcement Agency (DEA)’s definition of the drug’s acceptable medical use and abuse/dependency potential. However, there are a number of restrictions. CBD & Epidiolex.

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CBD DEA Research and Development Hemp 99