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A new study from an industry advocacy group in California examines the content of dozens of unregulated intoxicating “hemp” products that are easily available in the Golden State despite being banned by statelaw. The study, entitled The Great Hemp Hoax , was released Feb. percent THC. federal THC limit.
A recent lawsuit filed against the Oklahoma Medical Marijuana Authority (OMMA) claims that the organization did not make its meeting agenda available to the public, which violated a statelaw known as the Oklahoma Open Meeting Act. Between January and June 2021, the state has collected $43,166.199 in state and local sales taxes.
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. §
Massachusetts municipalities have collected more than $53 million in “impact” fees from cannabis companies since the launch of adult-use sales in 2018, according to a Northeaster University study published by the Massachusetts Cannabis Business Association outlined in a Boston Globe report. The Franklin Observer writes.
On May 14, 2018, the Supreme Court chose to revive American Federalism when a seven-member majority of the Court held the Professional and Amateur Sports Protection Act of 1992 (PASPA) to be unconstitutional. Murphy holds that state-law repeals are not pre-emptible. The case, Murphy v. NCAA, et al.,
Indeed, the leaps in logic and rush to judgment have led to law enforcement erroneously sweeping up entirely non-criminal and even completely legal hemp growers as well as a full-frontal attack on agriculture in general by county land use regulators. Agricultural buildings are exempt by statelaw from local building permit requirements.
But today’s “hemp” market has moved way beyond CBD, as noted by several commentators who expressed concerns about the unregulated proliferation of high-dose THC consumables and novel synthetic intoxicants thanks to loopholes in the 2018 Farm Bill, which is up for revision and renewal in the coming months.
Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with statelaw. The 2018 Farm Bill only regulates hemp production, and does not really discuss hemp processing or the sale of Hemp-CBD goods.
As everyone knows by now the 2018 Farm Bill legalized hemp production by de-scheduling the crop under the Controlled Substance Act. An agricultural production contract is a complex creature typically governed by statelaw including the Uniform Commercial Code.
This is a major step in the full implementation of the 2018 Farm Bill. State and Tribal Plans. The 2018 Farm Bill requires states and Indian Tribes to submit hemp cultivation plans to the USDA. Today, the U.S. Department of Agriculture (“USDA”) released its interim hemp rules. Bottom line.
Since the passage of the Farm Bill in December of 2018 , there has been a marked uptick in interest in the cannabidiol (CBD) space from businesses and users alike. Other CBD products, however, are still subject to various statelaw regulations as well as the U.S. The FDA is collecting data to fill these gaps. What’s Next?
State Question 806 , filed on Dec. 12, would add an amendment to the Constitution, which would generally legalize, regulate and tax marijuana for people aged 21 and older under statelaw. If voters approve the state question, it would take effect in 90 days. Oklahoma voters in 2018 legalized medical marijuana.
THE CSA IS A HURDLE TO REGISTRATION The National Concessions Group (“NCG”) applied to register two of its trademarks: BAKKED and the design mark (collectively the “Marks”) with the United States Patent and Trademark Office (“USPTO”) for use with “essential oil dispenser[s] sold empty, for domestic use.” In re Nat’l Concessions Grp.,
As just one example, once a debtor files for bankruptcy, an automatic stay on actions prevents creditors from collecting against a debtor until the bankruptcy case is resolved or the Court allows the stay to be lifted. See e.g. Yates v Hartman , 488 P3d 348, (Colo 2018). Assignment for the Benefit of Creditors.
STATE OF PLAY The United States Trustee Program (“USTP”), as the bankruptcy system watchdog, has long taken the position that the system may not be used as in instrument in committing a crime, and that trustees and estate fiduciaries may not administer assets in violation of federal criminal law. [1] CO 2018) CO 2012).
On December 12, 2018, the WSLCB passed Board Interim Policy (BIP) 06-2018 which allows marijuana licensees to spend personal funds on their marijuana business prior to the Board vetting the funds. Licenses are to report both the calculated tax amount and the amount of additional collected tax. Otherwise, the $1.2
Since the cannabis industry operates exclusively within individual states and is prohibited from transacting across state lines, multistate tax-nexus issues have not to date been a primary concern. The physical connection standard requires a seller to have physical activities in a state (e.g., Before Wayfair. After Wayfair.
Any issue not addressed in the lease will be governed by statelaw. Statelaw tends to be very protective of tenants in residential leases, but provides little protection to commercial tenants. Accordingly, statelaw governs the notice and cure process, which is bad for tenants, especially in the cannabis industry.
We are constrained by the law, and Congress has not carved out an exception in IRC Sec.280E 280E for businesses that operate lawfully under Statelaw. These opinions create an opportunity for a cannabis dispensary to exclude from gross revenue a substantial portion of the money collected from cannabis consumers.
Because you might only get one shot at this opportunity, business owners need to make certain statelaws and local ordinances are meticulously followed on their end – which makes working with a lawyer a necessity. 19, 2018, By Lisa Renner, Capitol Weekly. 15, 2018, L.A. Call us at 714-937-2050. Wait in line , Nov.
Because of this definition in statelaw, I do not anticipate any immediate changes to our system to allow a representative (non-owner) to complete the application. We wrote a follow-up letter in June 2018 [2]. We wrote a letter to the California Attorney the General Counsel for each of the Regulators.
If you’re interested in exploring the world of MMJ in Oklahoma, this guide will walk you through the process of accessing MMJ, eligibility criteria, the application process, qualifying conditions, dispensaries, laws, patient rights, doctor recommendations, and the card application process.
2019 Defining Moments in California Cannabis Law . The End of the Collective Era. 9, 2019, all cannabis collectives and cooperatives must be licensed, except for (a) individual patients and (b) caregiver gardens serving NO more than five (5) patients. January 2019. As of Jan. TOP 5 Defining Moments in Federal Cannabis .
The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. 13, 2018, By Megan L’Heureux , Cannabis Science Tech. However, only 10 percent of cases that are submitted to the SCOTUS are accepted for review. Call us at 714-937-2050.
Because of the 2018 farm bill , hemp can be legally grown and used for extractions all over the United States, making delta-8 legal in states where delta-9 THC is illegal—sometimes. . Few statelaws specifically address delta-8 THC at this time. Currently, the legality of delta-8 is hazy. or higher. .
Los Angeles CBD lawyers can explain that overlapping federal and statelaws have created substantial confusion among restauranteers about what’s legal and what’s not. California and Federal Laws on CBD in Food and Drink Products. CBD was removed from the list of Schedule I narcotics by the U.S.
Instead, adult-use dispensaries in the state are proving the system works by checking IDs as required by statelaw. The Washington State Liquor and Cannabis Board (2018) reported that 92% of 2,664 underage compliance checks conducted in the state between 2015 and 2018 resulted in the sales being denied.
Regulators will also be prohibited from penalizing institutions for authorizing, processing, clearing, settling, billing, transferring, reconciling, or collecting payments for a legitimate cannabis-related business for payments made by any means, including a credit, debit, or other payment card, an account, check, or electronic funds transfer.
In September 2018, a federal court in Connecticut found that an employer’s refusal to hire an employee with a prescription for medical cannabis constituted a violation of that state’s Palliative Use of Marijuana Act, notwithstanding the fact that the employer was required to maintain a drug-free workplace under the DFWA.
The state’s RFRA established a legal standard (unique to Indiana) requiring the government prove a compelling reason to restrict someone else’s religious practices and a burden of proof to show that it is doing so in the least burdensome way possible. 3, 2018, Indianapolis Star. Call us at 714-937-2050.
Tax Court has issued a final decision under Tax Court Rule 155 on the income tax deficiency for Patients Mutual Assistance Collective Corporation (“PMACC”), the Company’s 100% owned subsidiary and owner of the iconic Harborside Oakland cannabis dispensary. million for the fiscal years 2007 through 2012. . 1] 151 TC 11. [2]
Most recently, on June 13, 2018, the United States Tax Court issued its opinion in Alterman & Gibson v. Department of Treasury that collects and analyzes information about financial transactions in order to combat money laundering and other financial crimes. Commissioner , T.C.
But until this proposed measure, there was nothing in statelaw that would stop third-party cannabis companies from engaging in IP licensing deals. In fact, this practice is pretty widespread throughout the marijuana market and is a significant detour from established rules in other legalized recreational marijuana states.
Navigating local, state, and federal regulations Although state-licensed cannabis labs are legal under statelaw, the federal government sees them in violation of federal law. states and four foreign countries. However, this may change with rescheduling that is going to be revisited on Dec 2, 2024.
But in 2018, marijuana legalization has emerged as the platform to raise environmental standards of California’s most infamous green industry. And while processors, cultivators and dispensaries are disposing of waste correctly per statelaws, much of that waste just ends up in landfills.” SUSTAINABILITY SOLUTIONS IN 2019.
It is important to budget not only for the published state licensing fee, but also for a wide range of inspection, legal, consulting and other related fees that will come along the way. There are consulting groups out there who have a track record of securing business licenses in a variety of states.
Given the territorial nature of trademark law, it may even be that counterfeiters in illegal states have a head start as to priority, as compared with the original companies that created the marks but operated strictly in accordance with statelaw. See NORML, StateLaws – Legalization (last accessed Dec.
However, the patchwork of statelaws regarding the legal status of cannabis, as well as inconsistencies between state and federal law on this topic, have rendered certain types of IP rights, particularly trademark rights, elusive for many cannabis entrepreneurs. Pure Hemp Collective, Inc. ,
We wanted to investigate, so after collecting samples from online stores and brick-and-mortar smoke shops, we commissioned FESA Labs to perform independent testing on 51 delta-8 products. limit set by the 2018 Farm Bill, making them indisputably federally illegal. indicated by the 2018 Farm Bill, while another had 0.31%.
The 2018 Farm Bill, which federally legalized hemp (formerly a Schedule I drug like its close cousin, marijuana), opened the gates for mass hemp production—well, almost. Alternatively, the rule establishes a Federal plan for producers in States or territories of Indian tribes that do not have their own USDA-approved plan.
million for the second quarter of 2018, representing an increase of 19.8%. million for the second quarter of 2018. million for the second quarter of 2018, and for the first half of 2019 was ($21.7) Discussion of Second Quarter 2019 and First Half 2019 Results. Revenue for the second quarter of 2019 totaled $12.7
million for the third quarter of 2018, representing an increase of 22.4%. million for the third quarter of 2018. million for the third quarter of 2018, and for the first nine months of 2019 was ($22.9) million for the third quarter of 2018, and for the first nine months of 2019 was ($22.9) million , $2.1
The directors and officers and certain shareholders of Urbn Leaf, collectively holding approximately 69% of Series A shares and 96% of common shares, have entered into voting and support agreements to vote in favour of the Urbn Leaf Transaction. The Urbn Leaf Transaction has been unanimously approved by the board of directors of Urbn Leaf.
businesses enjoy is the ability to deduct certain expenses, providing a notable tax break once the IRS comes to collect its due. Thanks to an antiquated law that the IRS is all-too-happy to enforce, taxes on legal marijuana dispensaries are astronomical. This is where the problem of federal vs. statelaws once again comes into play.
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