Canna Law Blog

FEBRUARY 25, 2019

The recent wave of crackdowns on cannabidiol (“CBD”)-infused alcohol beverages has further exacerbated public confusion regarding the legal status of the cannabis plant’s non-psychoactive compound. As we previously explained , alcoholic beverages are regulated by federal and state laws.

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CBD Seed-To-Sale Legalization Hemp 85

Cannabis Law Report

JUNE 21, 2021

Not only is there federal law but there are also state laws, and sometimes they seem to conflict and contradict each other. One thing that does seem to be clear though is that when one state alters and amends a particular law, the other states sit up and take notice. Oregon got the ball rolling.

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Legalization Decriminalization Law CBD 105

Cannabis Law Report

MARCH 24, 2022

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD. State and federal law determine hemp is legal so long as it contains less than 0.3% However, the appeals court upended that definition and said the distinction between marijuana and hemp stops at the plant. 23 March 2022.

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Hemp CBD Legalization Research and Development 52

Cannabis Law Report

JUNE 3, 2021

Consequently, because CBD has been approved as a drug ingredient, FDA’s current legal position is that CBD cannot be legally contained in a dietary supplement or food product. Consistent with the definition of “hemp” under the Agricultural Marketing Act, this exception would only apply to extracts from the plant Cannabis sativa L.

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Food Hemp CBD Extraction 100

Canna Law Blog

NOVEMBER 16, 2023

In that piece, I also explained that FIs don’t really use the SBA definitions set forth above. Instead, early, state-chartered CUs began using a three-tiered system to analyze potential MRB clients within the FinCEN framework. Cannabis dispensaries, cultivators, processors and testing facilities all fall under this definition.

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Banking Business Cannabis Hemp 79

Canna Law Blog

OCTOBER 18, 2022

Court of International Trade (“CIT”) issued a recent opinion that indicates the import or export of “drug paraphernalia” to or from states where cannabis is legal represents an exception to the federal ban imposed by the Controlled Substances Act (“CSA”). United States. Under 21 U.S.C. § Eteros Technologies USA v.

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State Laws History Hemp Law 72

Canna Law Blog

SEPTEMBER 29, 2023

When Congress passed the 2018 Farm Bill, did it intend to legalize intoxicating hemp products? If it did, why didn’t it just legalize marijuana? ” Congress did not intend to open Pandora’s Box to any form of legal intoxicating hemp product. I think the answer to all of these questions is clearly “no.”

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Hemp Law DEA Cannabinoids 101

The Blunt Truth

JULY 5, 2023

Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis for recreational purposes, after Minnesota Governor Tim Walz signed a state law allowing adults 21 and older to use recreational cannabis. The new law amends the state’s Consumable Products Act to protect off-duty cannabis use.

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Law Recreational Policy Treatment 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. State Senators Daylin Leach (D) and Sharif Street (D), as well as Rep. PA resident?

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Legislation Clinical Trials Research and Development Access 128

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 Chronicles

JUNE 27, 2019

In April, the council held a work session examining the public safety and health aspects of legal cannabis. A month later, it held another work session on changes to the county’s land-use and planning code that would make way for legal cannabis and specify where pot businesses can be located.

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Law Retail State Laws Business 113

MMJ Recs

DECEMBER 9, 2019

Medical marijuana is now legal in 33 states. Well, we say legal, but in fact marijuana is still defined as a Schedule 1 drug, making it an illegal substance under federal law. Luckily, though, each state has been given leeway in deciding how marijuana – both medical and recreational – can be grown and used.

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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. to pay $100,000 in damages and legal fees. In the case, U.S.

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THC DEA Hemp Vaping 52

Cannabis Law Report

JULY 26, 2021

Cannabis and the Law. Marketed as a legal way to get stoned, Delta-8 products have been hitting the shelves of gas stations and smoke shops nationwide. But how can a product that purportedly gets users high escape federal and state regulation? Is Delta-8 legal under federal law? Is Delta-8 legal under state law?

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THC Agriculture Hemp Extraction 105

Canna Law Blog

JUNE 15, 2023

Today, I want to examine the legal status of THCA products and why the “loophole” seems like it’s coming to an end. See the definition for decarboxylation. First, state law is also important to consider. Even if something is allowed federally, if it is banned in a state, it can’t be sold there.

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DEA THC Hemp Agriculture 79

Cannabis Law Report

DECEMBER 2, 2021

The hemp-derived cannabinoid market continues to grow and evolve despite lingering questions over federal legality and numerous state laws that try to keep pace. Much has been written about new “legal” hemp products that contain intoxicating delta-8 THC, delta-10 THC and THC-O Acetate. with the authors.

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THC Hemp Concentrates Extraction 52

Cannabis Law Report

NOVEMBER 2, 2021

The companies are advertising it as a legal way to get high, touting medical benefits and generally making big promises about what they can deliver, but an investigation from the US Cannabis Council has found illegal levels of delta-9 THC in products for sale around the country. The Legality of Delta-8 THC. What Needs to be Done?

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THC CBD Legalization Vaping 96

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. 381% by weight. 3% delta-9 THC by weight.

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Hemp CBD Policy THC 76

MMJ Recs

MAY 16, 2020

you could purchase marijuana legally. Today, you can get medical and recreational marijuana in 11 states as well as Washington D.C. And more are sure to be on the way, with several other states putting measures to further legalize marijuana in many states. But can a state recriminalize medical marijuana?

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Marijuana Decriminalization History Conditions 52

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

Canna Law Blog

JULY 25, 2023

Over the years, I’ve spoken to dozens (maybe hundreds) of cannabis business owners who thought X was completely legal because of something they stumbled across on Twitter or Google. At the same time, I’ve spoken to cannabis consumers who were shocked to learn that the product they thought was 100% legal was, well, not.

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Hemp CBD Cannabis THC 58

SpeedWeed

MARCH 11, 2021

Yet, despite its growing popularity, the legality of Delta-8 THC, including that of Delta-8 THC products, remains murky. Federal Legal Framework. This chemical conversion is at the root of the legal confusion. State Legal Frameworks. State Legal Frameworks. Delta-8 THC.

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THC Business DEA Cannabinoids 52

Canna Law Blog

DECEMBER 19, 2019

Under Oregon law, a trade secret is defined as. This means that to be legally protected, business information must be valuable and its owner must take reasonable steps to keep it secret. b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”.

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Hemp Business CBD Data 66

Cannabis Law Report

OCTOBER 28, 2021

Although the 2018 Farm Bill carved out hemp from the federal Controlled Substances Act, few court rulings have addressed the legal distinction between federally-legal hemp and federally-illegal cannabis. Understanding the distinction between federal and state law provided the angle to argue for coverage in this case.

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CBD THC Policy Hemp 52

Cannabis Law Report

JULY 16, 2019

Fifty-six percent of general counsel and in-house counsel believe in the next couple of years they will need to increase their legal resources to keep up with the cannabis market, according to a report published by ALM and Shook, Hardy & Bacon. Litigation is definitely one of those things that is going to grow.”.

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Supply Chain Legalization Pharmaceutical Food 45

Canna Law Blog

DECEMBER 22, 2019

The Agriculture Improvement Act of 2018 (“ 2018 Farm Bill ”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. 2-501 et seq.), ” NE St. § ” NE St. § ” NE St. §

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Hemp CBD Agriculture Cultivation 66

The Blunt Truth

JULY 18, 2023

held that state legalization, on its own, does not overcome the Controlled Substances Act’s (“CSA”) barrier to registering a federal trademark for cannabis-related drug paraphernalia. The TTAB disagreed and held that state legalization of cannabis did not provide a basis for federal trademark registration.

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Oil Hemp Cannabis Extraction 98

Canna Law Blog

SEPTEMBER 29, 2023

When Congress passed the 2018 Farm Bill, did it intend to legalize intoxicating hemp products? If it did, why didn’t it just legalize marijuana? ” Congress did not intend to open Pandora’s Box to any form of legal intoxicating hemp product. I think the answer to all of these questions is clearly “no.”

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Hemp Law DEA Cannabinoids 52

MJ Business Attorneys

MAY 29, 2018

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. Constitution. It is important to recognize the federal government is not without power.

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Policy State Laws DEA Legislation 100

Veriheal

DECEMBER 7, 2022

Operating cannabis-based businesses in The Golden State is no easy feat for retailers. With the plant’s legal status confined by the federal Controlled Substances Act (CSA ) boundaries, cannabis stores are still operating illegally. CA SB 1326 (21R) was introduced by state Sen. What’s more, Gov.

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Business Banking Advocacy Cannabis 84

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

Canna Law Blog

DECEMBER 9, 2019

have both been served with consumer class suits in California alleging that the products made by both companies violate FDA regulations and therefore violate California state law. And now, adding to the regulatory woes faced by many CBD companies, Charlotte’s Web Holdings Inc. and Infinite Product Co. 321(ff)(3)(B)]. . §

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CBD Food Hemp Topical 97

Canna Law Blog

APRIL 15, 2019

We get a ton of questions about whether it’s legal to import hemp into the U.S. We do know that the Drug Enforcement Administration has confirmed that the importation of cannabis plant material that falls outside of the Controlled Substance Act’s definition of “marihuana” (e.g.,

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Hemp Agriculture THC Cultivation 65

Cannabis Law Report

NOVEMBER 22, 2019

On the federal level, full legalization remains elusive, but there is a steady march toward allowance of certain goods and services in the general field of cannabis, as additional research is conducted overall on the potential impact cannabis/CBDderived ingredients may have in certain uses. USPTO Examination Guide 1?19.

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CBD Sativa Pets Food 59

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

Canna Law Blog

AUGUST 30, 2020

In this post, I’ll walk through exactly how we got into the current mess we are in and why transporting hemp can be such a massive risk—even though hemp is technically federally legal (or at least no longer a controlled substance). Many state law enforcement agencies simply mistook hemp for an illegal controlled substance.

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Hemp Agriculture Extraction THC 98

Cannabis Law Report

OCTOBER 15, 2021

on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA). AB45 imposes rigorous testing requirements, consistent with the current requirements for testing for cannabis under state law. The 2018 Farm Bill, however, explicitly preserved FDA’s authority over hemp products.

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Food Cannabinoids Hemp Legalization 52