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So Long for THCA Products

Canna Law Blog

According to the DEA , if hemp or its derivatives contain levels of THC in excess of 0.3%, they are considered marijuana. See the definition for decarboxylation. The Controlled Substances Act (CSA), which outlaws marijuana, contains no specific mandate to test hemp products since hemp is not controlled.

DEA 79
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Update: DOJ and SAFE Banking Act

Canna Law Blog

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.

Banking 81
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That Ninth Circuit Delta-8 Opinion and What’s Followed – It’s Not a Green Light for Intoxicating Hemp

Cannabis Law Report

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.

Hemp 52
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Intoxicating Hemp Product Laws are More Complicated Than They Seem

Canna Law Blog

If it did, why didn’t it just legalize marijuana? Conflict preemption is a doctrine that finds a state law invalid if it contradicts federal law – i.e., when it is impossible to comply with both state and federal law. Imagine a state law that said you did not have to comply with a federal law.

Hemp 102
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How long will delta-8 remain legal?

SpeedWeed

Delta-8 THC, aka delta-8, the intoxicating cannabinoid synthesized from hemp, is making waves across the United States, and especially in states where marijuana remains illegal. That’s because delta-8 is derived from federally legal hemp, which by law contains less than 0.3% It’s definitely exploded,” she told Leafly.

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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. Murphy holds that state-law repeals are not pre-emptible. What this does not mean is that the federal government may not prohibit marijuana.

Policy 100
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California Delta-8 THC operator wins 4th copyright battle in a row

Cannabis Law Report

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 state laws banning delta-8?

THC 52