Canna Law Blog

JANUARY 13, 2020

In 2016, the FDA finalized a rule that extended its regulatory authority to all products meeting the TCA’s statutory definition of a tobacco product, including e-cigarettes. The FDA now oversees all products “made or derived from tobacco that [are] intended for human consumption.”

Vaping 113

Vaping CBD Hemp Consumption 113

The Blunt Truth

NOVEMBER 21, 2019

Further, the Act noted that employers have the right to discipline or terminate an employee who violates the employer’s workplace drug policy. By definition, a post-offer, pre-employment drug test only could detect marijuana use outside the workplace.

Recreational 77

Recreational Law Policy Cannabis 77

Canna Law Blog

SEPTEMBER 1, 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. We wrote about that case in great detail here.

Hemp 93

Hemp CBD Seed-To-Sale Cultivation 93

Canna Law Blog

APRIL 15, 2019

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., CBP also stated that “hemp flowers” are not excluded from the CSA definition.

Hemp 89

Hemp Agriculture THC Cultivation 89

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. There is a shift happening in this country, away from liberal policies, including drug policy reforms.

Policy 92

Policy Access Advocacy Patients 92

Canna Law Blog

MAY 10, 2019

Second, the law obviously changes nothing about the Controlled Substances Act or state law. Psilocybin is still a Schedule I substance per the federal Controlled Substances Act and Colorado law. Again, this is the first time a U.S.

Decriminalization 96

Decriminalization CBD Food Law 96

Canna Law Blog

NOVEMBER 30, 2019

The Sherman Law is in many respects similar to the federal Food, Drug and Cosmetic Act (which is the basis for the FDA’s power over Hemp CBD). Notably, the Sherman Law prohibits selling “adulterated” food. Ultimately, there is no great answer to the question “is Hemp CBD really unlawful in California?”,

Hemp 121

Hemp CBD Food Sativa 121

Veriheal

JUNE 16, 2021

It was an extremely busy, fast-paced job that was definitely stressful. Going a step further beyond voicing support, Amazon announced they are revising their workplace policy regarding cannabis consumption. If you work in a high-stress job like so many people, cannabis just might be your saving grace. I worked as a waitress for years.

Media 105

Media Consumption Cannabis Vaping 105

The Blunt Truth

JUNE 8, 2020

Given that marijuana legislation is sweeping the nation, many employers are presently updating their policies and procedures as they expect to see increased marijuana usage among their employees. There is a state law trend towards requiring employers to prove impairment to justify adverse action based on marijuana use.

Marijuana 99

Marijuana Policy Compliance Compliance 99

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.

Legislation 55

Legislation State Laws Collective Cultivation 55

Dykema (Cannabis Law Blog)

APRIL 20, 2023

These legal guidelines/laws related to cannabis continue to be enacted, repealed, and debated in the Texas Legislature today, evidencing strong public sentiment for more accepted, legally permissible uses of cannabis and cannabis products. iv] Texas State Law Library – Cannabis and the Law – [link]. [v] 1805, 88th Leg.,

Law 74

Law Chronic Pain Conditions Medicine 74

NORML

FEBRUARY 22, 2019

Legislation is pending, House Bill 2149, to amend the definition of “cannabis” under the 2010 voter-approved medical marijuana law. This measure prohibits employers from arbitrarily discriminating against prospective employees who legally consume medical cannabis off-the-job in accordance with state law.

Legislation 190

Legislation Hemp Compliance Compliance 190

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.

Law 52

Law Recreational Policy Treatment 52

NORML

JUNE 7, 2019

“This would be a big deal in terms of changing our policies to follow states like Colorado, Washington, California, that we’ve seen move forward ending prohibition, not only stopping the arrests, as we’ve done significantly in Illinois with our decriminalization laws, but to open up the marketplace.”

Decriminalization 130

Decriminalization Patients Legislation Law 130

Canna Law Blog

MARCH 4, 2020

Ketamine infusion therapy fits squarely into legitimate off-label use for those mental health conditions not effectively treated by what’s on the pharmaceutical market today (and there are definitely more treatment possibilities out there as medical research continues).

Therapy 115

Therapy Legalization Chronic Pain DEA 115

Cannabis Law Report

OCTOBER 28, 2021

The case involved an Oregon fire loss arising under a homeowner’s insurance policy issued by Country Mutual to Peter and Wendy Bogard. Sections 811 and 812 (as amended), regardless of whether the controlled substance is legal under any state law (for example: marijuana).” The timing of a loss matters.

CBD 52

CBD Policy THC Hemp 52

Canna Law Blog

JANUARY 6, 2020

The holding of this case suggests that a compound that has long been used as a food or dietary supplement for therapeutic reasons does not meet the definition of drug, and thus, may be lawfully sold and marketed in interstate commerce without the approval of the Food and Drug Administration (“FDA”).

CBD 100

CBD Hemp Extraction Food 100

Cannabis Law Report

NOVEMBER 15, 2021

Today, I intro’d the #StatesReformAct a turnkey federal tax and regulate framework for existing state laws. Nancy Mace (R-SC) unveiled the States Reform Act, a proposal to remove marijuana from the auspices of the federal Controlled Substances Act. . Senior Policy Fellow. The Official Press Release. — Rep.

Programs 98

Programs Food Business Seed-To-Sale 98

Cannabis Law Report

SEPTEMBER 12, 2022

An insurance policy can consist of a couple hundred pages that include numerous coverage forms; lists of defined terms of great legal significance such as “occurrence,” “property damage,” and “bodily injury;” pages of exclusions; pages of endorsements that modify the coverage forms; and riders that condition or limit the coverage.

Business 52

Business Policy Seed-To-Sale Hemp 52

Cannabis Law Report

AUGUST 23, 2021

Section 280E denies deductions and credits for amounts paid or incurred in carrying on the trade or business of trafficking controlled substances (within the meaning of Schedules I and II of the CSA), in violation of federal or state law. [13] I), supra at 309 (1982) (“There is a sharply defined public policy against drug dealing.

Business 105

Business Cannabis Law Legislation 105

Canna Law Blog

DECEMBER 24, 2019

Banking regulators recently clarified (including for credit unions ) that financial institutions should have no issue banking lawful hemp businesses pursuant to the 2018 Farm Bill. Department of Agriculture (“USDA”) interim regulations for state and tribal hemp cultivation plans under the ’18 Farm Bill.

Banking 105

Banking Hemp CBD Cultivation 105

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.

Hemp 52

Hemp DEA THC Concentrates 52

The Blunt Truth

DECEMBER 18, 2019

The Legalization Act specifically allows Illinois employers to enforce “reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner.”

Recreational 60

Recreational Law Policy Marijuana 60

Cannabis Law Report

AUGUST 1, 2022

Plaintiff submitted a written request to defendant for an exception to its drug testing policy as a reasonable accommodation for his disability. The trial court further found that while state law permits use of marijuana for therapeutic purposes, it does not require employers to accommodate such use.

Law 52

Law State Laws Policy Programs 52

Cannabis Law Report

NOVEMBER 26, 2019

The Legalization Act specifically allows Illinois employers to enforce “reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner.”

Recreational 59

Recreational Law Policy Legalization 59

SpeedWeed

APRIL 27, 2021

D-8 is legal federally, and most state laws don’t specifically address it. It’s definitely exploded,” she told Leafly. 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.

Legalization 52

Legalization DEA Supply Chain Hemp 52

SpeedWeed

JULY 26, 2021

State law limits the number of medical marijuana producers to six. The legislation cleared the way for “the production, manufacturing, and dispensing of low THC oil in [the] state,” and provided for “an exception to possession of certain quantities of low THC oil.” . Georgia’s Program Has Been Lagging.

Programs 52

Programs Oil Patients Policy 52

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. ” This provides CDPH with the flexibility to respond quickly to new intoxicating hemp cannabinoid products sold within the state. Your LinkedIn Connections.

THC 52

THC Hemp Concentrates Extraction 52

Veriheal

DECEMBER 4, 2020

Michigan lawmakers have approved a process by which those convicted of offenses that would have been legal under current state law may apply to have their convictions expunged. However, it is difficult to apply for expungement from behind bars. About Last Prisoner Project.

Dispensary 52

Dispensary Policy Cannabis Education 52

The Joint Blog

JUNE 24, 2020

They ranged from minor moves, such as tweaking a definition to match language in state law, to potentially major ones, such as limiting delivery licenses until 2025 only to businesses that meet so-called social-equity benchmarks. The intersection “between cannabis policy and racial injustice is clear to me,” Packer said.

Marijuana 52

Marijuana Programs Banking Business 52

Cannabis Law Report

JUNE 3, 2022

This Article traces the Lopez Court’s doctrinal modification, explores its implications, and offers an alternative economic analysis that considers the need for a central coordinating authority to effectuate the Congressional policy enacted pursuant to the Commerce Clause.

Cultivation 52

Cultivation Agriculture Consumption Treatment 52

Cannabis Law Report

DECEMBER 16, 2021

The Centers for Disease Control and Prevention (CDC) published workplace guidance for creating marijuana policies and drug testing procedures for employed drivers, including education for drivers on marijuana’s effects on safe driving. Uber Canada Announces Partnership With Tokyo Smoke for Cannabis Ordering in Ontario. Harborside Inc.,

Retail 52

Retail Cannabinoids Policy Cultivation 52

Cannabis Law Report

JUNE 11, 2019

Prevent employers from complying with state or federal law. It provides various definitions of what constitutes a serious health condition. Ultimately, although marijuana is both legal (under state law) and illegal (under federal law), it does not change employment law, but it should change employment practices.

Law 40

Law Treatment Conditions Policy 40

Cannabis Law Report

JUNE 11, 2019

Hemp growth programs took root in four different states, expanded in two states, and legislation awaits the governor’s signature in another state in the month of May. The new law will require that hemp-derived CBD products be labeled with QR codes or website URLs. Established a hemp growing program.

Hemp 40

Hemp Food Retail Legislation 40

Cannabis Law Report

NOVEMBER 15, 2021

This would revolutionize markets in states, which, given the federal prohibition, are currently able to discriminate against interstate commerce. Descheduling would mean that state laws can no longer do so, as it would violate the Dormant Commerce Clause of the U.S. An often overlooked part of excise taxation is tax definitions.

Retail 52

Retail Treatment THC Business 52

Cannabis Law Report

FEBRUARY 25, 2019

Because of this definition in state law, I do not anticipate any immediate changes to our system to allow a representative (non-owner) to complete the application. ” We spoke to Staff Counsel and our understanding is that CalCannabis intends to disseminate a document the policy.

Collective 40

Collective Safety Business State Laws 40

Cannabis Law Report

NOVEMBER 11, 2019

The second argument considers the voters’ intent when they passed Prop 64 and the public policy considerations connected to H&S 11362.45 The definition is key. states “laws pertaining to the smoking or ingesting” without mentioning possession. Considering the Voter’s Intent and Public Policy. and PC 4573.6.

Consumption 75

Consumption Decriminalization Law Safety 75