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

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

Project CBD

MARCH 8, 2019

Although the federal legality of these products has been a matter of debate, the 2018 Farm Bill signed into law last year officially took hemp and CBD from hemp off of the federal controlled substances list. In response, veterinarians and others concerned for patient safety promoted a change in state law. Related story.

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Pets Legalization Hemp Extraction 215

Canna Law Blog

FEBRUARY 21, 2023

At the same time, they imposed pretty unclear and inconsistent requirements on hemp advertising (in this post, when I refer to “cannabis” I mean only “marijuana” consistent with many states’ definitions of the term). In the U.S. Now a very similar policy is being implemented for cannabis advertising.

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Policy Hemp Topical Media 92

Canna Law Blog

OCTOBER 7, 2022

Duguid , and narrowed the definition of the “automatic telephone dialing system” (“ATDS”) to only those devices that generate random or sequential phone numbers (which are now largely obsolete). And, there is definitely an uptick in claims under state laws that mirror the restrictions of the TCPA.

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Canna Law Blog

DECEMBER 7, 2022

California law required the state Department of Cannabis Control to begin accepting large license applications on January 1, 2023. To summarize my earlier post, the state will allow cultivators to apply for larger licenses than were previously available. More on that below. All comments must be received by 5:00 p.m.

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Cultivation State Laws Business Compliance 82

The Blunt Truth

NOVEMBER 21, 2019

The Illinois General Assembly passed SB 1557 , revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities. However, the law raised questions about new potential liabilities for Illinois employers. Governor Pritzker has not yet signed the bill into law.

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Recreational Law Policy Cannabis 77

Cannabis Law Report

APRIL 20, 2022

9-THC (the substance codified as “marihuana” by the federal Controlled Substances Act), have raised questions regarding these products’ legality under federal and state law. Since the 2018 Farm Bill became law, products containing Delta-8 THC and Delta-10 THC have become popular. Delta-9 THC. Delta-9 THC. Delta-9 THC.

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Canna Law Blog

NOVEMBER 16, 2023

My law firm has done a series of these for credit unions (“CU”s) and other financial institutions (“FIs”) going back to 2014. In that piece, I also explained that FIs don’t really use the SBA definitions set forth above. Cannabis dispensaries, cultivators, processors and testing facilities all fall under this definition.

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Banking Business Cannabis Hemp 80

Canna Law Blog

OCTOBER 18, 2022

We’ve written about why this expansive definition may make decisions to import not worth the risk here. United States. That even if it qualified as drug paraphernalia, it should be exempted from the import prohibition because marijuana’s status as legal under Washington State law. Eteros Technologies USA v.

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State Laws History Hemp Law 72

The Blunt Truth

DECEMBER 18, 2019

Earlier this month, Governor Pritzker signed into law SB 1557 , revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action. While the original law amended the Privacy in the Workplace Act to permit discrimination claims founded on the use of “lawful products” (e.g.

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Recreational Law Policy Marijuana 60

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. 1, out-of-state medical marijuana patients may access Arkansas’ program to purchase cannabis for up to 90 days. Happy 2022!

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Dispensary Law Concentrates DEA 52

Cannabis Law Report

JUNE 3, 2021

Consistent with the definition of “hemp” under the Agricultural Marketing Act, this exception would only apply to extracts from the plant Cannabis sativa L. The bill follows the passage of several state laws and the creation of state regulations permitting the sale and distribution of dietary supplements and foods that contain CBD.

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Food Hemp CBD Extraction 100

Cannabis Law Report

NOVEMBER 26, 2019

POSTED IN EMPLOYMENT LAW. The Illinois General Assembly passed SB 1557 , revising the language of the Recreational Cannabis Law to reduce but not completely eliminate employer liabilities. Both Houses have passed SB 1557 , a bill which amends and clarifies many portions of the cannabis-related laws.

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Recreational Law Policy Legalization 59

Dykema (Cannabis Law Blog)

FEBRUARY 22, 2022

Federally recognized Native American tribes are considered independent sovereign nations, albeit subject to federal law. As sovereign nations, tribes can generally make their own rules for their business ventures and members on tribal lands, with state law potentially applicable only in sharply limited circumstances.

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Legislation Marijuana Collective State Laws 73

Canna Law Blog

JUNE 15, 2023

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. See the definition for decarboxylation. First, state law is also important to consider.

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DEA THC Hemp Agriculture 79

Canna Law Blog

OCTOBER 12, 2021

Sections 811 and 812 (as amended), regardless of whether the controlled substance is legal under any state law (for example: marijuana). Plaintiffs naturally disagreed, arguing that “total THC” has nothing to do with the definition of controlled substance in the Policy. The cannabis here involved hemp harvested in 2017 and 2018.

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Hemp CBD Policy THC 76

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

Canna Law Blog

MARCH 20, 2023

Despite adoption by a growing number of states, marijuana is (still) federally illegal. Federal laws preventing money laundering and other financial crimes create regulatory hurdles so significant for most major banks to service cannabis businesses that it just isn’t worth the compliance burden. Why aren’t banks more involved?

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Business Banking Compliance Compliance 73

Cannabis Law Report

JANUARY 18, 2022

The opinion reads: “Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3% total tetrahydrocannabinols (THC).

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Hemp THC Vaping State Laws 52

Cannabis Law Report

AUGUST 1, 2022

Borden, Practicing at Ford, McDonald, McPartlin & Borden in Portsmouth, NH with a focus on bankruptcy representation of trustees, creditors and debtors, corporate law and commercial litigation. Defendant moved for judgment on the pleadings on the grounds that marijuana use is both illegal and criminalized under federal law.

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Law State Laws Policy Programs 52

Cannabis Law Report

JANUARY 15, 2022

Existing law governs the cultivation of industrial hemp in this state and establishes a registration program administered by county agricultural commissioners and the Department of Food and Agriculture for growers of industrial hemp, hemp breeders, and established agricultural research institutions, as defined. DIGEST KEY.

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Hemp Supply Chain Digestion Agriculture 52

NORML

JANUARY 4, 2019

Steve Cohen (D-TN) and Don Young (R-AK) re-introduced the Compassionate Access, Research Expansion and Respect States (CARERS) Act, which protects those engaged in state-lawful medical marijuana programs from federal prosecution. Click here to email your member of Congress and urge them to join the Cannabis Caucus. MA resident?

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Legislation Clinical Trials Research and Development Access 126

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

MJ Business Attorneys

MAY 29, 2018

resulted in a ruling that struck down the provision of PASPA that prohibited the states from authorizing sports gambling, which ultimately drove the Court to declare the entire Act unconstitutional. Murphy holds that state-law repeals are not pre-emptible. NCAA, et al.,

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Policy State Laws DEA Legislation 100

Cannabis Law Report

JUNE 11, 2019

Proposition 64 changed marijuana laws. What many do not realize is that it did not change employment laws. In 2016, California became one of the few states also to legalize recreational cannabis with the approval of Proposition 64. Proposition 64 changed individual, commercial, and regulatory laws regarding cannabis.

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Law Treatment Conditions Policy 40

Cannabis Law Report

MARCH 19, 2022

In a pair of decisions, the Court of Appeals determined that an Arapahoe County judge was wrong when she concluded society, not the state government, is the victim for violations of the tax-evasion law. District Court Judge Shay K.

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Collective Programs Cultivation Law 98

Cannabis Law Report

SEPTEMBER 3, 2019

A state law signed by Gov. This is a high-resource-use industry, and it doesn’t have to be,” said state Rep. It definitely puts Illinois at or near the top in terms of state policies for energy and environmental performance for cultivation facilities,” he said. NPR ( St Louis Public Radio) report.

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Legislation State Laws Collective Cultivation 55

Cannabis Law Report

FEBRUARY 12, 2022

By definition, hemp contains THC, even if only trace amounts. Kansas Hemp Supporters are encouraged to use our State Action Center to urge lawmakers to defeat HB 2604. Second, the bill recognizes a civil action but does not automatically provide for liability or unlimited damages, unlike the law from 2021.

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Hemp Seed-To-Sale Food State Laws 52

SpeedWeed

APRIL 27, 2021

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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Legalization DEA Supply Chain Hemp 52

Canna Law Blog

NOVEMBER 10, 2020

Public Law 115-176 (“Right to Try”) is a federal law enacted in 2018 that creates a uniform system for terminal patients seeking access to investigational treatments. Right to Try was first introduced as state legislation, with similar laws in 41 states (the federal law does not contain preemption language).

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Therapy Clinical Trials Decriminalization Patients 78

Canna Law Blog

JULY 25, 2023

“Farm Bill compliant CBD” The 2018 Farm Bill is one of the least understood laws on the books, in my view. All of this is to say, there is no such thing as a “Farm Bill compliant” CBD product, because it’s not something that the law addresses. The law neither explicitly authorizes nor bans smokable hemp.

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Hemp CBD Cannabis THC 58

Cannabis Law Report

JULY 13, 2022

While that is good news for patients seeking treatment for issues like chronic pain, medical cannabis laws can cause a major headache for employers. Or, they can refuse to reimburse the otherwise reasonable medical expense and risk violating the state’s workers’ compensation law.

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Chronic Pain Marijuana Law Treatment 52

Cannabis Law Report

JULY 26, 2021

Cannabis and the Law. But how can a product that purportedly gets users high escape federal and state regulation? Is Delta-8 legal under federal law? There is no federal definition for synthetic derivatives, which has created quite a bit of confusion over the federal legality of Delta-8. Is Delta-8 legal under state law?

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THC Agriculture Hemp Extraction 105

Cannabis Law Report

OCTOBER 28, 2021

When the Bogards submitted an insurance claim, Country Mutual denied coverage based on the policy’s Controlled Substance exclusion, maintaining that the fire arose from a controlled substance, as defined in the policy to mean “as defined by the Federal Food and Drug Law at 21 U.S.C.A. The timing of a loss matters.

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CBD THC Policy Hemp 52

Canna Law Blog

DECEMBER 19, 2019

Most states, including Oregon, have adopted a version of the Uniform Trade Secrets Act (“UTSA”). Under Oregon law, a trade secret is defined as. Depending on the state law that governs the NDA, an overly broad definition could expose the Disclosing Party to legal actions and render the NDA unenforceable.

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Hemp Business CBD Data 67