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. Congress cannot commandeer states’ legislative authority, a principle known as the “anti-commandeering” rule interpreted from the Tenth Amendment to the U.S.

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Policy State Laws DEA Legislation 100

Canna Law Blog

FEBRUARY 2, 2020

This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. SB 315 may have another chance this year but has come with some controversy.

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Hemp CBD Agriculture Cultivation 128

Cannabis Law Report

JULY 23, 2021

On Wednesday, July 14, 2021 Senators Chuck Schumer (D-NY), Cory Booker (D-NJ), and Ron Wyden (D-OR) released draft legislation titled the Cannabis Administration and Opportunity Act. Drug Enforcement Agency (DEA) to the Alcohol and Tobacco Tax and Trade Bureau (TTB), the Bureau of Alcohol Tobacco Firearms and Explosives (ATF).

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Research and Development DEA Programs State Laws 81

Cannabis Law Report

MAY 16, 2022

She also stated the raid may have been retaliatory, due to her participation in legislative efforts to authorize and monitor the growth of hemp in the state. Law 360 (sub. hemp farmer sues state, police officer for raid based on false information. Law 360 (sub. The Detroit News. 2019 and Nov.

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Hemp CBD DEA Legalization 52

The Blunt Truth

FEBRUARY 2, 2024

Legislators wrangled over the issue of allowing medical marijuana dispensaries a head start; ultimately, that provision was scrapped. Now, some Senate Democrats are advocating that the DEA de-schedule cannabis altogether. Thus, the DEA should deschedule marijuana altogether. Senate Democrats’ letter to U.S.

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DEA Retail Banking State Laws 52

United Patients Group

APRIL 3, 2023

A recommendation from a physician is simply permission (‘recommendation’) for the patient to use cannabis, which can be obtained in any state where medical marijuana is legal. Although both are legal under state law, there are currently 29 states with legislation allowing for medical cannabis and the District of Columbia.

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DEA Patients Conditions Cannabis 52

Cannabis Law Report

FEBRUARY 25, 2019

Especially after passage of the 2018 Farm Bill, which clarifies and affirms that hemp – including hemp-derived cannabinoids are lawful — there is confusion as to why edible CBD products would be the subject of enforcement actions and why state and local health departments would even care in the first place.

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CBD Food Compliance Compliance 71

SpeedWeed

APRIL 27, 2021

D-8 is legal federally, and most state laws don’t specifically address it. There’s big enthusiasm [for Delta-8] in the Southeastern states, the Carolinas, the Dakotas, Texas, anywhere…where people can’t get high legally.”. States already closing loopholes. But how long will that last?

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Legalization DEA Supply Chain Hemp 52

Veriheal

MARCH 5, 2024

Federal legislators are currently considering rescheduling cannabis from Schedule I to Schedule III, but it is currently unclear when the Drug Enforcement Administration (DEA) will move forward with their decision. Marijuana has bipartisan support from Republicans, Democrats, and independent voters alike.

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Dispensary DEA Access Recreational 59

SMPL

AUGUST 14, 2019

Though ABA specified that it was not taking a position on marijuana legalization generally, it recognized that conflicting federal and state cannabis policies are untenable and have created complications for cannabis businesses operating in compliance with state law.

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Policy Research and Development Marijuana DEA 40

Marijuana Seeds NL

APRIL 29, 2021

North Dakota, Alabama and Oregon are three other states that already have legislative language in motion, too. This list may have you wondering - why ban THC delta 8 in states where cannabis is legal? Instead of bans, some states like Florida are deriving their own legal framework for the future of delta-8 THC use.

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THC DEA Cannabinoids Extraction 52

Cannabis Law Report

APRIL 24, 2019

[Note: while we don’t believe that anyone in Congress has proposed it yet, the Federal government could legalize cannabis for medical use [and perhaps for recreational use] and preempt many of the state laws. See The Murky Part of the STATES Act: Tribal Rights ]. What agencies will have oversight at the Federal level ?

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Legalization Collective DEA Banking 58

The Blunt Truth

OCTOBER 22, 2019

continues to constitute a conditional bar to [establishing good moral character] for naturalization eligibility, even where such activity is not a criminal offense under state law.”. and] help ensure DEA can evaluate the applications under the applicable legal standard and conform the program to relevant laws.”. [and]

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DEA Banking Agriculture Law 51

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

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Dispensary Law Concentrates Patients 52

MedicalJane

JUNE 29, 2018

At the time of this article’s publishing, thirty states and the District of Columbia have enacted legislation permitting use of medical cannabis. Of those, nine states and DC have went a step further and legalized marijuana for all adults 21 and over. State laws will set the guidelines for qualifying a practitioner.

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Patients Legalization Conditions Treatment 83

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.

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Policy Access Advocacy Patients 80

Cannabis Law Report

NOVEMBER 18, 2021

For the purpose of the CSA, the Attorney General delegates its power to the DEA and the HHS delegates its power to the Food and Drug Administration (FDA). Of the two Cabinet members, Becerra has the better cannabis credentials, having served as the Attorney General for the state of California. Where Does Joe Biden Stand? criticized ?the

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Decriminalization DEA Cannabis Business 52

Cannabis Law Report

OCTOBER 22, 2019

continues to constitute a conditional bar to [establishing good moral character] for naturalization eligibility, even where such activity is not a criminal offense under state law.”. and] help ensure DEA can evaluate the applications under the applicable legal standard and conform the program to relevant laws.”. [and]

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DEA Banking Agriculture Supply Chain 40

Cannabis Law Report

AUGUST 16, 2019

While the strong Florida medical marijuana Crusaders marched forward, the state itself and the legislators who comprise the Rear Battalion lost some footing. . On July 11, 2019, a Florida Appellate Court ruled in the highly-publicized Florigrown lawsuit that the state’s vertical integration was unfair and unconstitutional.

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Marijuana Research and Development Seed-To-Sale Education 49

SpeedWeed

DECEMBER 28, 2018

Election Night also ushered in new, pro-legalization governors in so-far not legalized Illinois, Connecticut, Maine, Minnesota, and New Mexico, and also saw the defeat of staunch cannabis opponent Pete Sessions, who’s been blocking cannabis legislation for years. All because federal law still sees him as a wonton criminal.

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Pharmaceutical Research and Development Legalization CBD 40

Canna Law Blog

MAY 29, 2024

In my June 2023 post, I concluded that even if there are good arguments for THCA’s legality, practically speaking law enforcement was likely to consider THCA in calculating total THC, given the fact that THCA converts to THC upon application of heat. But, it bears mentioning that DEA’s interpretations are just that.

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Hemp DEA Seed-To-Sale THC 92

The Blunt Truth

SEPTEMBER 3, 2020

Assembly Bill 1525 allows cannabis banking under California state law. In other news, a federal court ruled that the state must turn over information concerning three marijuana businesses to the DEA. The DEA said it was necessary for an investigation into the illegal import and transport of marijuana oil from Mexico.

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DEA CBD Banking Edibles 98

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. 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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Banking Compliance Compliance State Laws 98

Canna Law Blog

JANUARY 3, 2023

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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CBD Food Clinical Trials Pets 97

SpeedWeed

JULY 13, 2021

Also collaborating on the operation were deputies from the Community Partnerships Bureau; Safe Street and Special Victims Bureau detectives; cities of Lancaster and Palmdale station deputies; Drug Enforcement Administration (DEA) agents; the California National Guard; and California Department of Fish and Wildlife agents.

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Legislation Business Wellness and Beauty Cultivation 52

SpeedWeed

JULY 14, 2021

Also collaborating on the operation were deputies from the Community Partnerships Bureau; Safe Street and Special Victims Bureau detectives; cities of Lancaster and Palmdale station deputies; Drug Enforcement Administration (DEA) agents; the California National Guard; and California Department of Fish and Wildlife agents.

Legislation 52

Legislation Legalization Wellness and Beauty Cultivation 52

Canna Law Blog

NOVEMBER 16, 2021

This includes bills on banking (see the SAFE Banking Act , which has passed the House no less than five times) and overall federal legalization (see the MORE Act as well as its sister Senate legislation, the Cannabis Administration Opportunity Act (“CAOA”)). The enforcement role moves from DEA to ATF. Age limits (21).

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DEA Business Banking Food 98

Cannabis Law Report

JANUARY 30, 2019

To expand the number of manufacturers, the Drug Enforcement Administration (DEA) submitted a notice in the Federal Register on August 11, 2016, soliciting applications for licenses to manufacture marijuana for research purposes. I support the expansion of marijuana manufacturers for scientific research consistent with law.

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Research and Development DEA CBD Law 63

Cannabis Law Report

DECEMBER 1, 2019

This conflict between federal and state law has raised concerns among CPAs providing services to the marijuana industry. States Legalizing Marijuana. Barr also noted that Congress needs to make a decision as to whether federal law should be changed or followed. 15, 2019, [link] ).

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Marijuana Business State Laws DEA 59

SpeedWeed

JULY 17, 2021

Now, at long last, the lawmakers have released the full first draft of their legislation for public comment. Individual states would still be allowed to keep prohibiting cannabis if they choose, but the feds would be blocked from interfering with states that have chosen to legalize. View original article.

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SpeedWeed

JULY 15, 2021

And the next step, for this critical legislation, is getting further input from stakeholder groups, which is essential to the legislation’s success. It’s time for the country to engage in this discussion and update our federal laws, not only to reflect popular wisdom, but science—but science.”.

Banking 52

Banking Programs Decriminalization Legislation 52

SpeedWeed

JULY 15, 2021

And the next step, for this critical legislation, is getting further input from stakeholder groups, which is essential to the legislation’s success. It’s time for the country to engage in this discussion and update our federal laws, not only to reflect popular wisdom, but science—but science.”.

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Business Banking Programs Decriminalization 52

SpeedWeed

JULY 15, 2021

And the next step, for this critical legislation, is getting further input from stakeholder groups, which is essential to the legislation’s success. It’s time for the country to engage in this discussion and update our federal laws, not only to reflect popular wisdom, but science—but science.”.

Banking 52

Banking Programs Decriminalization Legislation 52

SpeedWeed

MARCH 11, 2021

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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THC Business DEA Cannabinoids 52

SpeedWeed

JULY 14, 2021

And the next step, for this critical legislation, is getting further input from stakeholder groups, which is essential to the legislation’s success. It’s time for the country to engage in this discussion and update our federal laws, not only to reflect popular wisdom, but science—but science.”.

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Packaging Banking CBD Programs 40

SpeedWeed

AUGUST 19, 2021

Because it’s derived from federally legal hemp, THC-O products are becoming increasingly popular in the states where consumers don’t have access to legal, state-licensed delta-9 THC products. . THC-O didn’t appear on the DEA’s radar until nearly 30 years later. State laws and regulations scrambling to catch up.

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THC Hemp Extraction Vaping 40

CannaMD

SEPTEMBER 15, 2020

In March, 2016, State Bill 307 expanded access to full-strength medical marijuana to terminally ill patients who were determined by two doctors to have less than a year to live. In practice, the chances of feds or the DEA sitting at the border waiting to catch someone – that’s just not happening. It’s not practical or worth their time.

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