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 state laws banning delta-8?

THC 52

THC DEA Hemp Vaping 52

Canna Law Blog

OCTOBER 29, 2019

” The USDA provides additional context on this concept: The definition of “acceptable hemp THC level” explains how to interpret test results with the measurement of uncertainty with an example. Labs that test cannabis for THC levels must be registered with the DEA. Bottom line. We’ve just begun to scratch the surface.

Hemp 75

Hemp Compliance Compliance THC 75

MedicalJane

JUNE 29, 2018

Doctors may not prescribe cannabis products to patients because marijuana is currently listed as an example of a Schedule I drug according to the DEA. State laws will set the guidelines for qualifying a practitioner. Depending on where you live, a medical practitioner will either certify or recommend the use of cannabis.

Patients 83

Patients Legalization Conditions Treatment 83

Cannabis Law Report

JULY 28, 2021

The 2018 Farm Bill carved “hemp” and its derivates from the definition of marijuana in the CSA. The DEA, which enforces the CSA, has indicated that it may consider delta-8 derived from hemp to be a “synthetically derived tetrahydrocannabinol” which still belongs on Schedule I of the CSA. ” See 7 U.S.C.

THC 81

THC Hemp CBD Cannabinoids 81

The Cannigma

MAY 16, 2025

In fact, a well-funded and coordinated effort is underway to not only take those products away from you but also to dismantle the rights weve fought hard to secure under state laws and limited federal protections. Cannabis is not safe from shifting political winds and regulatory clawbacks.

Policy 92

Policy Access Advocacy Patients 92

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. This DEA guidance and the Kansas opinion both suggest legality for some hemp-derived delta-8 products under the 0.3

Dispensary 52

Dispensary Law Concentrates Patients 52

The Joint Blog

JUNE 4, 2021

Schedule I drugs like heroin, Lysergic Acid Diethylamide (LSD), and ecstasy are strictly regulated by the Federal Government but Marijuana has be made an exception in some states. Marijuana is also classified as a Schedule I drug but it has been given the approval for medical and recreational at some state levels.

Conditions 32

Conditions Chronic Pain Marijuana Research and Development 32

Cannabis Law Report

MAY 1, 2019

Uncertainty is of little help to those who might want to sell advertising services to cannabis businesses, but who definitely want to avoid federal prison. If “the life of the law is experience,” 24 then our experience of the federal government’s application of these laws may provide some hope. ” 23.

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Legalization Business Law Cannabis 45

Canna Law Blog

MAY 29, 2024

” As of a few days ago, DEA reiterated this position in response to an inquiry by attorney Shane Pennington, even going so far as to note “cannabis-derived THCA does not meet the definition of hemp under the [Controlled Substances Act] because upon conversion for identification purposes as required by Congress, it is equivalent to [THC].”

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Hemp DEA Seed-To-Sale THC 97

Canna Law Blog

JANUARY 23, 2025

In January 2022, the DEA issued a letter stating that cannabis seeds and other genetic material with 0.3% D9 THC meet the definition of hemp and arent controlled substances. Importantly, the DEA further clarified in a December 2022 letter that if the cannabis seed germinates into material exceeding 0.3%

Seed-To-Sale 105

Seed-To-Sale DEA Marijuana Sativa 105

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 98

Project CBD

AUGUST 23, 2023

Within that definition, are two critical phrases: “all derivatives” and “whether growing or not.” “All Explicitly exclude novel synthetic compounds from the hemp definition and subject them to FDA oversight. Indeed, in state cannabis markets, THCA is always included in the definition of THC and the calculation of total THC.

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Cannabinoids Hemp THC Safety 143

Canna Law Blog

SEPTEMBER 29, 2023

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. So according to DEA, delta-8 is illegal.

Hemp 119

Hemp Law DEA Cannabinoids 119

Canna Law Blog

MAY 28, 2024

” What that means is that rescheduling will have no impact on things like the prohibition on interstate commerce, which has kept California walled off from other states (at least California’s legal market). Rescheduling also won’t impact state law where it counts. So stay tuned for more updates.

Marijuana 111

Marijuana DEA Retail Cannabis 111

Canna Law Blog

AUGUST 30, 2020

Many state law enforcement agencies simply mistook hemp for an illegal controlled substance. Here’s a good example: New York law enforcement apparently arrested and charged a person transporting hemp that they thought was illegal cannabis (apparently the company is now suing). All for what?

Hemp 98

Hemp Agriculture Extraction THC 98

Canna Law Blog

NOVEMBER 16, 2021

The enforcement role moves from DEA to ATF. When it comes to enforcing federal cannabis regulations, the Drug Enforcement Administration (“DEA”) is out and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is in (in addition to TTB as the primary overseer). Age limits (21).

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DEA Business Banking Food 98

Canna Law Blog

MARCH 4, 2020

The FDA doesn’t have any regulations on point for the control and oversight of ketamine clinics when it comes to infusion therapy and the states don’t really either. Failure to follow these very specific legal directives can lead to immediate criminal liability under federal law.

Legalization 58

Legalization Therapy Chronic Pain DEA 58

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

Cannabis Law Report

NOVEMBER 2, 2021

Of the 51 products tested, 11 had delta-9 levels definitively below the 0.3% Five of them used an age verification form , which is in compliance with the FDA age requirements and state laws, where the customer has to upload a photo of a government ID, and the other required a signature on delivery of the package. percent.”.

THC 96

THC CBD Legalization Vaping 96

Canna Law Blog

SEPTEMBER 29, 2023

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. So according to DEA, delta-8 is illegal.

Hemp 52

Hemp Law DEA Cannabinoids 52

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.

Law 80

Law Compliance Compliance DEA 80

CannaMD

SEPTEMBER 15, 2020

To fully understand this definition, you also need to know two other legal definitions: Medical marijuana treatment center. Allison Malsbury of Canna Law Group describes the practical risk of traveling between states with medical marijuana: From a legal perspective, it’s very cut and dried. Qualified patient.

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Law Marijuana Patients Treatment 126

Cannabis Law Report

MARCH 3, 2022

He reportedly said definitively at the event that “CBD works.”. Also in spite of pleas to reduce the racially disparate crack-cocaine sentencing disparity, for example, the former president took no action to remediate the issue.

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Media CBD Events THC 52

Canna Law Blog

JUNE 2, 2025

The updated policy, effective June 1, has far-reaching consequences for small businesses operating in compliance with state law (and for some, in compliance with federal law) – especially those selling hemp-derived foods, supplements, and cosmetics (collectively, Consumable Hemp Products).

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Policy Hemp Business Marijuana 55

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. Towards the end of the Memo, the DOJ states that. Section 3 and 14 (“Definitions”) read together result in interpretive uncertainties. Notable concern.

Banking 98

Banking Compliance Compliance State Laws 98

MJ Business Attorneys

DECEMBER 27, 2018

3% THC or less from the Controlled Substances Act (CSA) entirely and designates such as the definition of hemp. On the other hand, the Act does allow states to opt-out of participating in the regulation of a legal hemp market through an explicit “no-preemption” clause written into the Act. What It Means.

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Hemp Seed-To-Sale Food THC 165

Cannabis Law Report

MARCH 25, 2019

Congress could pass a law that would legitimate marijuana activities, but only to the extent an individual or commercial enterprise acts within the letter of state law. The DEA has made previous requests–in 2001 and 2006–to the FDA for an evaluation of marijuana. Emphasis added).

Banking 45

Banking Law Marijuana State Laws 45