Canna Law Blog

OCTOBER 29, 2019

or less is within the distribution or range, then the sample will be considered to be hemp for the purpose of compliance with the requirements of State, Tribal, or USDA hemp plans. Labs that test cannabis for THC levels must be registered with the DEA. Because 0.3% Because 0.3% Interstate Transport. ” What is 7 U.S.C.

Hemp 70

Hemp Compliance Compliance THC 70

Cannabis Law Report

JULY 26, 2021

Such a definition, coupled with the fact that Delta-8 has a potency of about 75% of that of Delta-9, suggests that Delta-8 would be considered a “controlled substance analogue,” regulated under federal law. Is Delta-8 legal under state law? The Nevada Cannabis Compliance Board recently stated , “products exceeding 0.3%

THC 81

THC Agriculture Hemp Extraction 81

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. In cannabis testing, this role is moved from the FDA to the local state authority.

Compliance 52

Compliance Compliance Data Agriculture 52

SMPL

AUGUST 14, 2019

Though ABA specified that it was not taking a position on marijuana legalization generally, it recognized that conflicting federal and state cannabis policies are untenable and have created complications for cannabis businesses operating in compliance with state law.

Policy 40

Policy Research and Development Marijuana DEA 40

Cannabis Law Report

APRIL 24, 2019

[Note: while we don’t believe that anyone in Congress has proposed it yet, the Federal government could legalize cannabis for medical use [and perhaps for recreational use] and preempt many of the state laws. See The Murky Part of the STATES Act: Tribal Rights ]. What agencies will have oversight at the Federal level ?

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Legalization Collective DEA Banking 58

Cannabis Law Report

JANUARY 13, 2022

In The Weeds welcomes the new year, as well as a number of new cannabis laws and policies taking effect around the country in 2022. Below is a list of state law updates to look forward to this year. This DEA guidance and the Kansas opinion both suggest legality for some hemp-derived delta-8 products under the 0.3

Dispensary 52

Dispensary Law Concentrates Patients 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. MORE DETAILS: As medical marijuana physicians ourselves, this one is easy!

Law 126

Law Marijuana Patients Treatment 126

Cannabis Law Report

MAY 1, 2019

In February of this year, the California Bureau of Cannabis Control (“CBCC”) sent a letter to Weedmaps.com alleging that the website was “engaging in activity that violates state cannabis laws.” Because cannabis remains illegal under federal law, 7 and Section 230 explicitly does not “impair the enforcement of.

Legalization 45

Legalization Business Law Cannabis 45

Cannabis Law Report

NOVEMBER 2, 2021

Five of them used an age verification form , which is in compliance with the FDA age requirements and state laws, where the customer has to upload a photo of a government ID, and the other required a signature on delivery of the package. The second argument is based on a DEA interim final rule on the topic of synthetic THC.

THC 96

THC CBD Legalization Vaping 96

Canna Law Blog

JANUARY 11, 2022

This is all very bad and we collectively need to figure out how to get people to comply with state law rather than penalizing everything. The issue of enforcement or compliance is probably the biggest one most states face at the policy level. compliance tradeoff. This left enforcement to state regulators.

Compliance 82

Compliance Compliance State Laws DEA 82

Canna Law Blog

OCTOBER 26, 2020

The inevitability of enforcement actions, civil penalties, loss of licensure, and even potentially criminal liability (depending on the nature of the violation) mean that cannabis businesses must get in the mindset of compliance. The point is that compliance means more than just not engaging in criminal or openly unlawful conduct.

Compliance 84

Compliance Compliance DEA Business 84

Canna Law Blog

SEPTEMBER 6, 2023

Many people in the cannabis industry are convinced that this HHS recommendation to the Drug Enforcement Administration (DEA) means that the DEA will undertake this rescheduling (and fairly quickly, too–which would be a huge departure from its refusal to reschedule back in 2016). Just my two cents; feel free to disagree.

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Research and Development DEA Marijuana Pharmaceutical 117

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.

DEA 98

DEA Compliance Compliance Law 98

Canna Law Blog

OCTOBER 13, 2020

law are forced to petition the United States Drug Enforcement Administration (DEA) to do so. The petition process is set out in a set of interim guidelines published by the DEA (Interim Guidelines). I imagine the DEA will be sued over those, too. said controlled substance.

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DEA Legalization History Compliance 83

Canna Law Blog

DECEMBER 6, 2022

This is definitely an issue with these piecemeal cannabis bills: there will always be collateral effects regarding compliance with other, existing federal laws. This is definitely an issue with these piecemeal cannabis bills: there will always be collateral effects regarding compliance with other, existing federal laws.

Banking 85

Banking Compliance Compliance State Laws 85

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.

History 98

History Law DEA Safety 98

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. However, over two years have passed without any new schedule I marijuana manufacturer registrations.

Research and Development 63

Research and Development DEA CBD Law 63

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”). Option 2 would likely be hugely expensive: we would see increased business failure as well as market consolidation.

CBD 80

CBD Food Clinical Trials Pets 80

Cannabis Law Report

JUNE 11, 2021

Cannabis cannot be lawfully prescribed by physicians; physicians can only “recommend” its use to patients based on individual state laws that identify who qualifies as a patient for its use. This answer depends on state law. That’s about it though. Can anyone own and operate a ketamine clinic? Source: [link].

Law 80

Law Compliance Compliance DEA 80

SpeedWeed

MARCH 11, 2021

Back in August 2020, the Drug Enforcement Administration (the “DEA”) released its Interim Final Rule (the “ IFR” ) in which the agency stated, in part, that “[a]ll synthetically derived tetrahydrocannabinols remain schedule I controlled substances.” This chemical conversion is at the root of the legal confusion.

THC 52

THC Business DEA Cannabinoids 52

NewsMunchies

DECEMBER 22, 2021

As of this writing, cannabis remains a prohibited Schedule 1 drug, defined by the DEA as having “no currently accepted medical use and a high potential for abuse.” . Most Americans have access to either medical or adult-use cannabis under state laws. Since 2012, 18 states and Washington, D.C.,

Law 89

Law Marijuana DEA Recreational 89

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. Emphasis added).

Banking 45

Banking Law Marijuana State Laws 45

Cannabis Law Report

MARCH 21, 2019

Although the DEA refuses to remove marijuana from the schedule 1 list, the Farm Bill is considered to be the most important victory in the history of U.S. Only CBD products produced in compliance with the Farm Bill would be legal by federal law. This does not however, mean that all CBD products are now legal.

State Laws 55

State Laws Law CBD Legalization 55

MJ Business Attorneys

DECEMBER 27, 2018

On the other hand, the Act does allow states to opt-out of participating in the regulation of a legal hemp market through an explicit “no-preemption” clause written into the Act. The Act positions it will not prevail over state laws that are more stringent than those expressed by Congress on the regulation of hemp.

Hemp 165

Hemp Seed-To-Sale Food THC 165

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.

DEA 98

DEA Business Compliance Compliance 98

Canna Law Blog

NOVEMBER 16, 2021

In the event a Tribe or State doesn’t develop a plan or the plan is rejected by USDA, then growers will just follow the overall system put together by USDA (these directives are very similar to the standards set out in the 2018 Farm Bill, legalizing hemp). The enforcement role moves from DEA to ATF. Age limits (21).

DEA 92

DEA Business Banking Food 92

MJ Business Attorneys

MAY 23, 2018

Even if the feds step down, and allow the states to step up, strict compliance with state law is more important now than ever for industry operators. The states and their constituents must demonstrate state regulation of marijuana is attainable and under control. Now is the time to redouble our efforts.”

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Marijuana Compliance Compliance DEA 100