Canna Law Blog

FEBRUARY 2, 2020

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. Currently, NCDA is operating under the 2014 Farm Bill, not the 2018 Farm Bill.

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Canna Law Blog

DECEMBER 24, 2019

Our firm represents a number of financial institutions and even a federal agency on banking state-legal cannabis. We have practiced in the space ever since the 2014 FinCEN guidelines were issued and it’s been slow going for the most part. Banks and credit unions are in a weird legal area then when it comes to hemp-CBD.

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Canna Law Blog

AUGUST 23, 2019

Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with state law. That includes regularly submitting Suspicious Activity Reports (“SARs”) to the Financial Crimes Enforcement Network (“FinCEN”). Where was the hemp grown?

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Hemp Business Cultivation Banking 75

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. Hemp cultivation is not legal, even after the passage of the 2018 Farm Bill.

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Hemp CBD Seed-To-Sale Cultivation 74

The Blunt Truth

JULY 18, 2022

Indeed, the DEA reports that it is “aggressively striving to halt the spread of cannabis cultivation in the United States,” including through its Domestic Cannabis Eradication/Suppression Program (DCE/SP), which began funding eradication programs in 1979 and has approximately 126 state and local law enforcement agency participants.

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Cannabis Law Report

JUNE 3, 2021

During her tenure with the City of Denver, home to hundreds of cannabis businesses, she worked as an investigator covering cultivation, manufacturing and retail. Green Light Law Group. Andrew founded the Oregon Cannabis Law Group in 2014 and merged with Green Light Law Group in 2019.

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Canna Law Blog

OCTOBER 29, 2019

State and Tribal Plans. The 2018 Farm Bill requires states and Indian Tribes to submit hemp cultivation plans to the USDA. THC is deemed a “non-compliant cannabis plant” and a state or Tribal plan must cover the destruction of such material. Hemp producers may not harvest before samples are taken. Bottom line.

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Hemp Compliance Compliance THC 73

Veriheal

SEPTEMBER 15, 2021

Approximately 400 municipalities have chosen to steer clear of New Jersey’s recreational cannabis market; ordinances have been passed to outlaw the operation of cannabis manufacturing, wholesaling, and delivery, as well as dispensary retail businesses and cultivation facilities.

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Canna Law Blog

DECEMBER 5, 2019

Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with state law. It’s not totally clear from the text of the joint guidance whether it was intended to cover only cultivation, and it certainly can be read that way.

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Banking Hemp Compliance Compliance 72

The Blunt Truth

NOVEMBER 28, 2018

State law allows employees to use CBD oil, while other laws allow employers to fire workers for using it. After the Agricultural Act and Farm Bill in 2014 drew some attention to hemp, the Industrial Hemp Farming Act of 2015 removed hemp from the controlled substance schedule so long as there was no more than.3%

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Oil CBD Legislation Hemp 70

Cannabis Law Report

APRIL 14, 2022

Department of Justice from spending money to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”. The prohibition, known as the Rohrabacher–Farr Amendment, became law in 2014 and must be renewed every year.

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Cannabis Law Report

FEBRUARY 19, 2022

The law created the Alabama Medical Cannabis Commission (AMCC) , which is generally responsible for regulating the medical cannabis program, including licensing facilities that process, transport, test, or dispense medical cannabis. Nor do there appear to be any significant proposed bills that would do so.

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Canna Law Blog

JANUARY 29, 2020

And with good reason–in December 2014, the federal government announced that when it came to cannabis, it would not essentially treat Native American Tribes as it treats the states. Meaning, cannabis in Indian Country would not be a major enforcement priority similar to the states pursuant to the August 29, 2013 Cole Memo.

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Cannabis Business Law Hemp 128

Cannabis Law Report

JULY 1, 2021

He stated that post- Raich, the federal government has “sent mixed signals on its views,” referencing the now-rescinded Department of Justice Cole Memo and the Rohrabacher-Farr Amendment in place since 2014, and noted that 36 States allow medical marijuana and 18 states allow recreational marijuana.

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Cannabis Law Report

JUNE 30, 2019

Per the release distributed by Senator Wyden : Wyden and Blumenauer’s State Cannabis Commerce Act would make these existing protections permanent and expand them to include all cannabis producers and consumers in compliance with state law.

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Programs Legislation Compliance Compliance 63

Canna Law Blog

APRIL 15, 2019

The 2014 Farm Bill allows for the limited cultivation of industrial hemp, but that bill requires that hemp be grown pursuant to an agricultural pilot program in compliance with state law. The 2014 Farm Bill is still in effect as the U.S. The 2014 Farm Bill is still in effect as the U.S.

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SpeedWeed

JULY 20, 2021

The House will pass legislation early next year to put this question before the voters but we need to start looking at changes needed to State law now.”. legalizing possession and home cultivation of cannabis for recreational use in 2014 and Virginia passing more comprehensive adult-use marijuana legislation earlier this year.

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Cannabis Law Report

JULY 28, 2021

As the name suggests, the Farm Bill was mostly concerned with the cultivation of hemp, outlining how states, and Native American tribes, can regulate the process by having their plans approved by the U.S. Enforcement falls, for the most part, to states like New York, who have moved on their own to regulate hemp derived cannabinoids.

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Cannabis Law Report

SEPTEMBER 15, 2022

A new law passed in July 2022 eliminates the state’s weight-based cannabis cultivation tax to be paid by market growers and created new tax credits for certain cannabis businesses. However, the future of cannabis law in D.C. Adults may possess two ounces of marijuana and grow up to six plants. is dependent on the U.S.

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Recreational Legislation Research and Development Retail 52

Cannabis Law Report

DECEMBER 11, 2019

DiNapoli’s office, the New York Department of Agriculture and Markets inspected only 57 percent of growers authorized to produce hemp under a state pilot program that authorizes the limited cultivation of the plant. Legal hemp is designated as having less than a 0.3 Of the 211 plants tested, five contained more than a 0.3

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Veriheal

JULY 6, 2021

For many years since the enactment of cannabis prohibition by the federal government, having any form of cannabis in any amount in the state would get you in trouble which could include both hefty fines and incarceration. In 2014, the state passed SB 2531 which was the state’s first CBD-focused law.

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The Joint Blog

OCTOBER 19, 2019

In Alaska marijuana is legal for those 21 and older who can possess up to an ounce of cannabis, and cultivate up to six cannabis plants. This has been the case since 2015 when Ballot Measure 2 – approved by voters in 2014 – took effect. The first marijuana store in the state opened its doors in October of 2016.

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Consumption Marijuana Retail Safety 24

SpeedWeed

AUGUST 16, 2021

Many smaller farmers have been cultivating hemp in the state since the passage of the 2014 Farm Bill, Ralston said, and while they may have the infrastructure needed to grow cannabis and produce the low-THC oil, many did not have the required cash on hand to apply for a license. Trulieve GA Inc.,

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Oil Dispensary Patients THC 52

Canna Law Blog

AUGUST 13, 2019

3. Change in local and state laws and rules. Since the state agencies began issuing licenses under MAUCRSA back in January of 2018, the state’s interpretation of its own rules has been unpredictable. Nonetheless, landlords still seem to misinterpret this state law mandate on a number of levels.

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Cannabis Law Report

FEBRUARY 26, 2022

“With a decline in legislative improvements in state medical cannabis programs, millions of patients are left with limited or no access,” ASA Executive Director Debbie Churgai said. “It Even the states with the highest grades have areas for improvement. Programs Can’t Reach Full Potential Without Change in Federal Law.

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Cannabis Law Report

JULY 31, 2019

3] The CSA established five schedules of controlled substances, with Schedule I substances defined as those which have a high potential for abuse, no currently accepted medical use in the United States, and a lack of accepted safety for use under medical supervision. [4] Virgin Islands have passed laws allowing medical marijuana use. [7]

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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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Cannabis Law Report

DECEMBER 22, 2019

While many of California’s cultivators practice organic- style farming, the federal government holds the trademark on the U.S. “Over the years, the media has repeatedly characterized cannabis cultivation as either energy-sucking indoor grows or backwoods farms that unleash rodenticides on wildlife.

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Canna Law Blog

MARCH 19, 2019

I’ve written about the various hemp laws in California and how confusing they are previously (see here and here ). The reality is that California is far behind many other states when it comes to hemp. There is actual law on the books for cultivation, but it mostly sat there for a few years and is only now coming to light.

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SpeedWeed

FEBRUARY 19, 2021

When New York started its medical program in 2014, Gov. Curaleaf, a Massachusetts-based provider with dispensaries and cultivation sites in 23 states, pioneered the ground flower pod in New York in 2019. Are they required by state law to vape the refills? But a bowl or a blunt will work just as well.

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Cannabis Law Report

MAY 1, 2019

Whether and how state and federal laws apply is necessarily fact-dependent, and deciding whether to move forward requires review of the specific facts at play and the application of federal and state law to those facts. Follow State Law (and Require that Customers Do Too). 31 See Lisa N.

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Canna Law Blog

AUGUST 30, 2020

As we wrote back in early 2019, the prohibition on interference ONLY applied to hemp cultivated under the 2018 Farm Bill. To be fair, the USDA did issue an opinion in mid-2019 that stated that states/tribes could not prohibit the interstate transport of hemp produced under the 2014 Farm Bill.

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Hemp Agriculture Extraction THC 98

Connor & Connor PLLC

AUGUST 30, 2018

In that case, the IRS audited a Colorado business licensed for the cultivation and sale of medical marijuana. A 2014 FinCEN memo stated as follows: “Because federal law prohibits the distribution and sale of marijuana, financial transactions involving a marijuana-related business would generally involve funds derived from illegal activity.

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Canna Law Blog

JULY 31, 2020

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. Basically, CDFA is apparently still waiting on the AG and Governor to review the plan.

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Hemp Agriculture Cultivation Law 59

Canna Law Blog

JULY 5, 2020

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. States are (mostly) consistent when it comes to hemp production.

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Hemp CBD Seed-To-Sale Agriculture 74

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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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. MRB defined The term “MRB” is used pervasively in cannabis banking, yet this term is not defined in the moldering 2014 Financial Crimes Enforcement Network “FinCEN” Guidance. That’s banking.

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