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. What about state laws banning delta-8? What about the DEA?

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THC DEA Hemp Vaping 52

Cannabis Law Report

JUNE 6, 2019

If passed, the legislation would help resolve issues in the state involving hemp-derived products, including products containing cannabidiol (CBD), and pave the way for the California Department of Public Health (CDPH) to regulate the processing and sale of these products. DEA cases in the early 2000s.

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Hemp Legislation Food Consumption 66

SpeedWeed

APRIL 27, 2021

D-8 is legal federally, and most state laws don’t specifically address it. There’s big enthusiasm [for Delta-8] in the Southeastern states, the Carolinas, the Dakotas, Texas, anywhere…where people can’t get high legally.”. “I’m Andrea Golan expects a federal response to delta-8 will first come from the DEA. “We

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Legalization DEA Supply Chain Hemp 52

Cannabis Law Report

JULY 28, 2021

Prior to December of 2018, hemp and all hemp-derived substances (including cannabidiol or CBD) were considered to be a form of “marijuana,” subject to the federal government’s most restrictive regulation under Schedule I of the Controlled Substances Act of 1970 (CSA). Where Things Stand Federally. ” See 7 U.S.C.

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THC Hemp CBD Cannabinoids 81

Cannabis Law Report

JULY 26, 2021

Even though it is not as potent as Delta-9, Delta-8 is included on the DEA’s list of controlled substances under “tetrahydrocannabinols” and thus, it is a controlled Schedule 1 drug. That being said, the Agriculture Improvement Act of 2018, dubbed the “Farm Bill”, expressly carved out “tetrahydrocannabinols in hemp.”

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THC Agriculture Hemp Extraction 81

Marijuana Seeds NL

APRIL 29, 2021

For one, the US 2018 Farm Bill is causing some legal confusion on whether or not it can be sold nationwide, like CBD. The 2018 Farm Bill explicitly states that any plant byproducts are permissible to sell. This list may have you wondering - why ban THC delta 8 in states where cannabis is legal?

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THC DEA Cannabinoids Extraction 52

Veriheal

JUNE 23, 2022

While in MA, he utilized cannabis which was legal under state law, in order to find relief from chronic pain and PTSD. Upon being pulled over by the Pennsylvania law enforcement officer, the officer stated that he smelled the aroma of cannabis coming from the car.

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Consumption Legalization Concentrates Patients 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. Under the Controlled Substances Act and the 2018 Farm Bill, any part of the Cannabis Sativa L.

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Hemp DEA THC Concentrates 52

Canna Law Blog

OCTOBER 29, 2019

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. Labs that test cannabis for THC levels must be registered with the DEA. Today, the U.S. Interstate Transport. Bottom line.

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Hemp Compliance Compliance THC 70

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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Marijuana Business State Laws DEA 59

Canna Law Blog

SEPTEMBER 28, 2019

From the Fair Labor Standards Act to the STATES Act , our articles run the gamut. Not long ago we wrote about a decision by the Second Circuit that may force the DEA to re- or deschedule marijuana after writing about the lawsuit when it was first filed last year. From immigration to waste dumping. Sledge , Civ. 18-1029 KK/LF, Civ.

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Education Oil DEA Cannabis 63

SpeedWeed

APRIL 3, 2021

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 state laws specifically address delta-8 THC at this time. Currently, the legality of delta-8 is hazy. or higher. .

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THC Extraction Hemp Edibles 52

SpeedWeed

SEPTEMBER 7, 2021

A state-authorized trademark would protect the company’s logo at least within the borders of Arizona, giving the brand “a small amount of protection,” Slosburg said. And state trademarks are available in Arizona because cannabis is legal according to state law. So pirates simply operate in other states.

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Vaping Oil DEA Packaging 52

Cannabis Law Report

NOVEMBER 18, 2021

For the purpose of the CSA, the Attorney General delegates its power to the DEA and the HHS delegates its power to the Food and Drug Administration (FDA). Of the two Cabinet members, Becerra has the better cannabis credentials, having served as the Attorney General for the state of California. Where Does Joe Biden Stand? criticized ?the

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Decriminalization DEA Cannabis Business 52

Medicinal Genomics

NOVEMBER 12, 2024

Navigating local, state, and federal regulations Although state-licensed cannabis labs are legal under state law, the federal government sees them in violation of federal law. However, this may change with rescheduling that is going to be revisited on Dec 2, 2024.

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Compliance Compliance Data Agriculture 52

SpeedWeed

AUGUST 19, 2021

Because it’s derived from federally legal hemp, THC-O products are becoming increasingly popular in the states where consumers don’t have access to legal, state-licensed delta-9 THC products. . THC-O didn’t appear on the DEA’s radar until nearly 30 years later. State laws and regulations scrambling to catch up.

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THC Hemp Extraction Vaping 40

Kind Meds (Cannabis Education Blog)

JULY 6, 2021

As it stands, the legality of delta-8 in the United States is a bit complicated. Currently, there are not many state laws actually addressing delta-8 THC, leaving it in a sort of legal gray zone. states seem to consider delta-8 to be illegal. Nonetheless, the DEA’s proposed rule has yet to be implemented.

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THC CBD Edibles Hemp 52

CannaMD

SEPTEMBER 15, 2020

In accordance with state law, all CannaMD doctors hold an active, unrestricted license as either an allopathic physician or osteopathic physician and are in compliance with all state-mandated education requirements. See the Agriculture Improvement Act of 2018, Pub. In practice, however, it’s very ambiguous. 115-334.)

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Law Marijuana Patients Treatment 126

Cannabis Law Report

MAY 1, 2019

For a business which has decided to publish ads for cannabis businesses, there are a number of steps that would minimize the risk of receiving a call from a federal prosecutor or a visit from your local DEA agent. Follow State Law (and Require that Customers Do Too). 16, 2018 (available at [link] ) (“Ajax Letter”).

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Cannabis Law Report

NOVEMBER 2, 2021

limit set by the 2018 Farm Bill, making them indisputably federally illegal. indicated by the 2018 Farm Bill, while another had 0.31%. The second argument is based on a DEA interim final rule on the topic of synthetic THC. One product contained slightly more than 23% delta-9, putting it at a massive 7700% of the legal limit.

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THC CBD Legalization Vaping 96

Canna Law Blog

SEPTEMBER 3, 2020

This summer, the DOJ and the DEA sued the BCC because the BCC refused to comply with a DEA subpoena about the alleged extracurricular drug trafficking above. The BCC has refused to provide that information to the DEA. In the January subpoena (which is standard and boilerplate), the DEA wrote that “the information sought.

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DEA Compliance Compliance Law 98

Canna Law Blog

JUNE 15, 2023

Ever since Congress passed the Agricultural Improvements Act of 2018 (or 2018 Farm Bill ), people have tried to find creative ways to sell intoxicating hemp-derived products. A primer on the 2018 Farm Bill and THCA For starters, Hemp may only have 0.3% delta-9 tetrahydrocannabinol (THC).

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DEA THC Hemp Agriculture 84

Canna Law Blog

SEPTEMBER 29, 2023

When Congress passed the 2018 Farm Bill, did it intend to legalize intoxicating hemp products? Not to some courts, who think that the 2018 Farm Bill is so patently clear that it really doesn’t even matter what Congress intended. Imagine a state law that said you did not have to comply with a federal law.

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Hemp Law DEA Cannabinoids 107

Canna Law Blog

MAY 29, 2024

For years, people have tried to decipher the incredibly poorly worded (I can’t stress this enough) language in the 2018 Farm Bill and what it means for intoxicating hemp products like THCA products or delta-8. But, it bears mentioning that DEA’s interpretations are just that. Let’s take a look.

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Hemp DEA Seed-To-Sale THC 70

Canna Law Blog

AUGUST 30, 2020

When the 2018 Farm Bill was inked, one of the biggest perceived wins was a provision prohibiting states from interfering with interstate transport or shipment of hemp. Many hemp transporters today face just as much risk when transporting hemp as they did before the 2018 Farm Bill was signed—and in some cases, even more risk.

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Hemp Agriculture Extraction THC 98

Canna Law Blog

OCTOBER 1, 2020

Olsen issued a memorandum entitled “Memorandum Opinion for the Chief Counsel, Drug Enforcement Administration” (the “ Olsen Memo ”) to the United States Drug Enforcement Administration (“DEA”). The Peyote Regulation requires that peyote uses would be required to comply with all other laws—including state laws.

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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”). 2018 Farm Bill. The 2018 Farm Bill didn’t regulate CBD though. States do their own thing.

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CBD Food Clinical Trials Pets 80

Cannabis Law Report

JANUARY 30, 2019

To expand the number of manufacturers, the Drug Enforcement Administration (DEA) submitted a notice in the Federal Register on August 11, 2016, soliciting applications for licenses to manufacture marijuana for research purposes. The first letter was sent on May 13, 2015, and the second letter was sent on November 18, 2018. Question P.217.

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Research and Development DEA CBD Law 63

The Blunt Truth

OCTOBER 22, 2019

1639o, enacted through § 10113 of the 2018 Farm Bill ]). citizen who is petitioning for your “green card” status (lawful permanent residency) while owning a duplex (where you live together on one floor and s/he sells legal cannabis as a dispensary operator on the other). practicing law in the U.S. 1621 et seq., Note: 7 U.S.C.

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DEA Banking Agriculture Law 51

Canna Law Blog

SEPTEMBER 29, 2023

When Congress passed the 2018 Farm Bill, did it intend to legalize intoxicating hemp products? Not to some courts, who think that the 2018 Farm Bill is so patently clear that it really doesn’t even matter what Congress intended. Imagine a state law that said you did not have to comply with a federal law.

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Hemp Law DEA Cannabinoids 52

SpeedWeed

MARCH 11, 2021

Although all hemp-derived cannabinoids, including hemp-derived Delta-8 THC, seem to fall squarely within the definition of hemp enacted under the Agriculture Improvement Act of 2018 (the “ 2018 Farm Bill”) , uncertainties remain regarding the federal legality of cannabinoids like Delta-8 THC that are derivatives of other hemp-derived cannabinoids.

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THC Business DEA Cannabinoids 52

Canna Law Blog

MARCH 4, 2020

In recent years, the United States has seen a proliferation of ketamine clinics. From 2015 to 2018, the number of clinics increased from 60 to 300; that number is undoubtedly higher today. Failure to follow these very specific legal directives can lead to immediate criminal liability under federal law.

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Legalization Therapy Chronic Pain DEA 52

Cannabis Law Report

OCTOBER 22, 2019

1639o, enacted through § 10113 of the 2018 Farm Bill ]). citizen who is petitioning for your “green card” status (lawful permanent residency) while owning a duplex (where you live together on one floor and s/he sells legal cannabis as a dispensary operator on the other). work here, or apply for a green card. 1621 et seq.,

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DEA Banking Agriculture Supply Chain 40

Cannabis Law Report

MARCH 25, 2019

Congress could pass a law that would legitimate marijuana activities, but only to the extent an individual or commercial enterprise acts within the letter of state law. The DEA has made previous requests–in 2001 and 2006–to the FDA for an evaluation of marijuana. In the 115th session of Congress, S.

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Banking Law Marijuana State Laws 45

MJ Business Attorneys

DECEMBER 27, 2018

The long-anticipated 2018 Farm Bill finally made its way to the President’s desk and Trump made hemp fans ecstatic when he signed it into law on December 20. The Act positions it will not prevail over state laws that are more stringent than those expressed by Congress on the regulation of hemp. What It Means.

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Hemp Seed-To-Sale Food THC 165

Cannabis Law Report

MARCH 21, 2019

Is CBD Legal Under Federal Law? On December 12, 2018 Congress passed the 2018 Farm Bill that removed hemp-derived products from the Schedule 1 list under the Controlled Substances Act. Indiana passed a law in March of 2018 stating that anyone can buy, sell, or possess CBD oil products as long as it contains no more than 0.3%

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State Laws Law CBD Legalization 55

Canna Law Blog

AUGUST 2, 2020

And it’s not so much the case anymore that the Drug Enforcement Administration (DEA) or Department of Justice (DOJ) are coming to knock down your door and arrest and prosecute you as a cannabis business owner for open violations of the federal Controlled Substances Act (CSA). And that is what made last week’s new so interesting.

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