Class actions against CBD companies proliferate under federal and state law

Cannabis Law Report

Consumer products law blog. Class actions against CBD companies proliferate under federal and state law. And, just last week, a California defendant in a CBD class action filed a motion to dismiss on the grounds that the plaintiffs’ claims are preempted by federal law.

Guest Post: Is CBD Legal? Federal & State Laws [2019]

Cannabis Law Report

New laws and bills are constantly being passed that create a great deal of confusion in the cannabis world. Is CBD legal in all 50 states? In this article I’m going to update you on the legal status of CBD , and only CBD, in the United States. Is CBD Legal Under Federal Law? Only CBD products produced in compliance with the Farm Bill would be legal by federal law. Is CBD Legal in all 50 States? CBD is not legal in all 50 states.

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Washington State University Research Article Says , “Washington state law enforcement officers cite concerns with marijuana legalization”

Cannabis Law Report

Cannabis Law NewsHere’s what the report is outlining… PULLMAN, Wash. Increased drugged driving, greater youth access to marijuana and insufficient officer training are a few of … Read More.

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

Cannabis Law Report

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. The United States Patent and Trademark Office has maintained its refusal to register trademarks for most cannabis-based products on the ground that use of those products is federally unlawful. But what about state or common law rights in trademarks for cannabis products? Source: JD Supra.

US AG William Bar Indicates A Preference To Enactment Of STATES Law Rather Than Current Situation

Cannabis Law Report

Attorney General William Barr said on Wednesday that he would prefer that Congress enact legislation allowing states to legalize marijuana instead of continuing the current approach under which a growing number of states have ended cannabis prohibition in conflict with federal law. Barr said that he hasn’t specifically looked at the STATES Act yet, but that the bill is currently being circulated internally through the Justice Department “for comment.”.

New Washington state law worries marijuana growers over cross-pollination from hemp farms

Cannabis Law Report

A new Washington state law has marijuana cultivators concerned over the potential of cross-pollination from hemp growers, which could prove disastrous to their bottom line if it occurs – potentially costing them up to tens of thousands of dollars in damages. New Washington state law worries marijuana growers over cross-pollination from hemp farms.

COVID-19 interstate compacts could be a model for regional marijuana trade

Leafly

A 'western alliance' of legal states could regulate interstate cannabis commerce, say some industry leaders. Industry Politics cannabis legalization federal prohibition marijuana surplus Oregon recreational marijuana state laws

Capitol Confidential: Colorado moves to protect jobs of legal consumers

Leafly

Politics cannabis legalization Capitol Confidential marijuana legalization state laws state legislatureStop firing people for relaxing on their own time, Colorado Boss. Also: Kentucky makes progress on medical legalization, and Virginia may decriminalize.

Fed Chief Says, “conflicting federal and state laws on the sale of marijuana and other cannabis products put bank supervisors in a “very difficult place.”

Cannabis Law Report

Senate Tuesday that conflicting federal and state laws on the sale of marijuana and other cannabis products put bank supervisors in a “very difficult place.” Cannabis Law NewsFederal Reserve Chairman Jerome Powell said before the U.S. ” Asked by Sen. Robert Menendez, D-N.J., about the Fed’s thoughts on the cannabis space, the leader of the U.S. central bank said further regulatory guidance would be helpful for bank overseers.

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

The Blunt Truth

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089 , which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty activities, like off-duty consumption of alcohol, extends to activities that are lawful under state law even if they are illegal under federal law (e.g., Employment Law Colorado employment law federal-state law conflict off-duty use

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The Week in Weed: April 5, 2019

The Blunt Truth

Our weekly review starts in Georgia, where the governor is expected to sign a medical marijuana reform bill into law. The law will allow grow houses and production facilities in the state, which will be heavily regulated. Now the Governor is saying that he will expand the state’s medical marijuana program if adult-use marijuana is not legalized by May. The General Law Committee has passed a bill that would establish a marijuana industry in the state.

Bi-Partisan Legislation Introduced In The House Thursday To Protect State Laws Regulating Cannabis

Cannabis Law Report

A bipartisan bill protecting state laws regulating marijuana use from the federal government was reintroduced on Thursday in the House and Senate. The legislation, which allows states to determine their own cannabis policies, was offered by Sens. It would amend the Controlled Substances Act so any business operating in compliance with state cannabis laws is not in violation of the law. Cannabis Law News

Too Natural for Naturalization: Even Decriminalized Marijuana Can be a Bar to US Citizenship

The Blunt Truth

As a number of states and the District of Columbia have moved to permit possession, use and sale of marijuana for both medicinal and recreational purposes and the business of legalized cannabis distribution has grown exponentially, federal law banning such activity remains unchanged. Deeming the trend in state law irrelevant, federal immigration authorities have in fact moved in the opposite direction.

Too Natural for Naturalization: An Update

The Blunt Truth

Joe Neguse, Kelly Armstrong and Hakeem Jeffries, noted that thirty states and the District of Columbia have legalized cannabis for medical and/or recreational purposes. The letter criticizes the policy stating that it “targets naturalization applicants based on lawful employment for an activity that is legal in multiple states and and territories (albeit not under federal law).”. Federal - State Law Conflict good moral character immigration uscis

Weed and Worry — The Immigration Consequences of Engaging in the Cannabis Trade

The Blunt Truth

As several states and foreign countries have enacted laws decriminalizing or legalizing marijuana for medicinal or recreational use, a fresh rush of reefer madness has overtaken the business world. Should you be worried about legal marijuana’s adverse consequences under federal immigration law? practicing law in the U.S. ” Black’s Law Dictionary, 1340 (5th ed. ” Black’s Law Dictionary , supra, at 673.

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Abridged Guide to State Cannabis Laws

Americans for Safe Access

We are happy to share this brief guide to State Cannabis Laws with you. Created with the talented designers of Centennial Media this guide serves as a bite-sized version of the full analysis of state laws available on our website under: "Legal Information By State & Federal Law

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Virginia: Marijuana Arrests Decline Year-Over-Year

NORML

The total number of marijuana-related marijuana arrests declined more than eight percent from 2018 to 2019, according to annual data compiled by the Virginia State Police. State law enforcement officials recorded 26,470 arrests for marijuana violations in 2019, down from 28,866 in 2018.

Whitepaper: Marijuana and Workers’ Compensation

Cannabis Law Report

Abstract: Today, marijuana use has employers balancing state laws against federal anti-drug policies, as well as against employees’ rights and maintaining a safe and drug-free … Read More. Breaking News

Some raise concerns about out-of-state, reciprocal patients in the time of COVID-19

The NM Political Report | Medical Cannabis Program

Amid the COVID-19 pandemic the New Mexico Department of Health approved rules that put into practice a state law allowing medical cannabis patients from other states to buy, possess and use medical cannabis in New Mexico.

Where is cannabis legal?

Leafly

State laws are constantly shifting on cannabis legalization. Learn more about states where marijuana is legal—either for adult-use, medical use, or both. The post Where is cannabis legal? appeared first on Leafly.

FBI, state police “appear” to raid marijuana businesses in Farmington area

Cannabis Law Report

Maine’s Bangor Daily News reports… Federal and state law enforcement were gathered in large numbers at two Farmington marijuana businesses and other locations in the … Read More. Breaking News

Legal Hemp Is Not Safe on American Highways

Leafly

Conflicting federal and state laws mean police are seizing products that can’t get anyone high. Politics cbd Hemp law enforcementThe post Legal Hemp Is Not Safe on American Highways appeared first on Leafly.

What’s in a name? Marijuana, Cannabis, and Hemp

Americans for Safe Access

Patients often use both marijuana and cannabis to refer to the plant, with many calling it marijuana, the name used in many state laws and regulations, as well as federal law, but that is changing rapidly.

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House minority leader takes issue with special process for medical cannabis bill

The NM Political Report | Medical Cannabis Program

The bill in question, SB 139, would change state law to only allow New Mexico residents to enroll in the state’s Medical Cannabis Program.

Troutman Sanders ? Tobacco Law Blog: Federal Courts May Be Trending Toward Delaying CBD Consumer Class Action Lawsuits

Cannabis Law Report

Relying on the regulatory and legal uncertainty surrounding cannabidiol (CBD), Food and Drug Administration statements and state laws, several class actions have been filed since … Read More. One-Hit Wonders

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California: New Ordinance Regulating Growth of Industrial Hemp

Cannabis Law Report

“It should be noted that state law and regulations regarding industrial hemp production are in flux, and may change in the near future, possibly necessitating … Read More. Gumballs

Alabama: Senate Advances Medical Cannabis Access Measure

NORML

In January, Alabama Attorney General Steve Marshall wrote a letter to state lawmakers urging them to reject the commission’s recommendations, opining that medicalization is “preempted” federal anti-drug laws and “exacerbate” opioid misuse. Under state law , personal marijuana possession is punishable by up to one-year in jail, while sales of cannabis are classified as felonies punishable by up to 20 years imprisonment.

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Cincinnati: Council Members Vote to Eliminate Marijuana Possession Penalties

NORML

The new local law takes effect on July 12. Under state law, the possession of up to 100 grams of cannabis is classified as a minor misdemeanor offense. Members of the Cincinnati City Council have voted in favor of a municipal measure eliminating criminal and civil penalties for marijuana possession. Under the ordinance, activities involving the possession of up to 100 grams of marijuana will no longer be subject to local penalties.

Congress To Vote On Cannabis Banking Bill Next Week

NORML

Majority Leader Hoyer on Friday announced that members of the House are anticipated to hold a floor vote next week on The SAFE Banking Act (HR1595), which explicitly permits banks and other financial institutions to work directly with state-legal marijuana businesses. ” Today, almost no state-licensed cannabis businesses can legally obtain a bank account, process credit cards, or take standard business deductions on their federal taxes.

Maryland: Governor Vetoes Bill Shielding Marijuana-Related Convictions from Public View

NORML

State law currently allows those previously convicted of a marijuana possession offense to petition the courts to have their criminal record expunged. Republican Gov. Larry Hogan has vetoed legislation, House Bill 83 , which sought to prohibit “the Maryland Judiciary Case Search from in any way referring to the existence of a certain case in which possession of marijuana is the only charge in the case and the charge was disposed.”

Alabama: Jefferson County Police To Cite, Rather Than Prosecute, Minor Marijuana Violators

NORML

A spokesperson for the Jefferson County (population: 658,000) Sheriff’s Office announced today that local law enforcement will begin citing, rather than arresting, low-level marijuana offenders. Under state law , marijuana possession is classified as a criminal misdemeanor, punishable by up to one-year in jail and a $6,000 fine. Decriminalization LAW ENFORCEMENT Municipal Alabama citation summons

Mississippi: Medical Cannabis Initiative Certified for 2020 Ballot

NORML

Mississippi’s Secretary of State’s Office notified lawmakers on Tuesday that petitioners, Mississippians for Compassionate Care , had gathered a sufficient number of signatures to place Measure 65 before voters this November.

Medical cannabis reciprocity on hold

The NM Political Report | Medical Cannabis Program

Medical cannabis patients from other states will have to wait until they can purchase or use their medicine in New Mexico. Even though medical cannabis reciprocity is written in state law and rules and regulation, the head of New Mexico’s program told NM Political Report that medical cannabis producers will not be able to sell to out of state patients until July.

New Jersey: Lawmakers Approve Measure to Place Marijuana Legalization Question on the 2020 Ballot

NORML

State law requires that three-fifths of lawmakers in both chambers approve a resolution to place an amendment on the ballot. The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market.

Majority of Virginians Favor Legalizing Marijuana

NORML

“Voter attitudes are no longer reflected in state law, and candidates on the campaign trail would be wise to take note.” Under state law , first-time possession offenders face up to 30 days in jail and a criminal record. “While other states are moving to a more sensible approach to cannabis, Virginia is still moving in the wrong direction. Become a member Virginia NORML and join the fight to reform marijuana laws in the Commonwealth.

Municipalities Moving Away from Marijuana Testing for Employees

NORML

The new law took effect immediately upon passage. “Now is the time for municipalities throughout the state to review and update their policies so they may better align with state law and public opinion.” ” Virginia lawmakers in April passed legislation decriminalizing marijuana possession offenses and expanding the state’s medical cannabis access law earlier. Those new laws take effect on July 1, 2020.

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HR 420: The Regulate Marijuana Like Alcohol Act

NORML

Our federal marijuana laws are outdated, out of touch and have negatively impacted countless lives.”. The legislation would deschedule cannabis, thus permitting state governments to regulate these activities as they see fit. This week, Congressman Earl Blumenauer reserved HR 420 for his legislation, the Regulate Marijuana Like Alcohol Act. A decades-long champion of cannabis reform, this marks the first time that Blumenauer has staked out the specific bill number 420.