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A recommendation from a physician is simply permission (‘recommendation’) for the patient to use cannabis, which can be obtained in any state where medical marijuana is legal. Although both are legal under statelaw, there are currently 29 states with legislation allowing for medical cannabis and the District of Columbia.
Instead of bans, some states like Florida are deriving their own legal framework for the future of delta-8 THC use. Considering retail sales of delta 8 flower and goods was $10 million in 2020 - it’s a topicstates and producers will need to sort out. This may be one reason why the DEA took some federal action in August of 2020.
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 statelaw.
At this point, it has actually become something of a hot topic — still, not everyone has the clearest understanding of what delta-8 even is, or where it can be purchased. As it stands, the legality of delta-8 in the United States is a bit complicated. states seem to consider delta-8 to be illegal. Source: [link].
Cannabis banking has been a tricky topic to tackle in recent years. Despite legalization under statelaw and broad public support for cannabis legalization, cannabis remains illegal under federal law. Public comment will be solicited through September 1st and as we prepare our response, we need to hear from you!
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.
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.
In my June 2023 post, I concluded that even if there are good arguments for THCA’s legality, practically speaking law enforcement was likely to consider THCA in calculating total THC, given the fact that THCA converts to THC upon application of heat. But, it bears mentioning that DEA’s interpretations are just that.
According to the DEA , if hemp or its derivatives contain levels of THC in excess of 0.3%, they are considered marijuana. Folks like Rod Kight argued (see here and here ) that because these products would have passed testing, their later excessive THCA content was immaterial under federal law. delta-9 tetrahydrocannabinol (THC).
If you had that impression, it may be because reporting on this topic has been subpar. I do foresee potential issues with access to trademarks and bankruptcy — which no one seems to be talking much about — but those are topics for another day. Many of the headlines are incomplete or downright misleading.
And speaking of CBD, Seyfarth has a program coming up on that topic. Nebraska Secretary of State Bob Evnen approved a medical marijuana initiative to appear on the November ballot late last week. Assembly Bill 1525 allows cannabis banking under California statelaw. Florida has legalized medical marijuana edibles.
The enforcement role moves from DEA to ATF. When it comes to enforcing federal cannabis regulations, the Drug Enforcement Administration (“DEA”) is out and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is in (in addition to TTB as the primary overseer). Age limits (21). ” SBA fairness.
Many statelaw enforcement agencies simply mistook hemp for an illegal controlled substance. Here’s a good example: New York law enforcement apparently arrested and charged a person transporting hemp that they thought was illegal cannabis (apparently the company is now suing). The post Is Transporting Hemp Really Worth the Risk?
To date, while taking input from the public on the topic, the FDA mostly has engaged in enforcement, sometimes in tandem with Federal Trade Commission (“FTC”), against CBD retailers. For years everyone has wondered when, or even if , the FDA would propose and adopt CBD regulations.
These compounds should be authorized as food additives consistent with statelaw and regulated appropriately under federal and state authorities based on the product’s end use, i.e., topicals, ingestibles, and inhalables.
This conflict between federal and statelaw 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] ).
Five of them used an age verification form , which is in compliance with the FDA age requirements and statelaws, 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.
Former President Bill Clinton has apparently been hearing a lot about the therapeutic potential of CBD products for pain management lately, and, according to a now-deleted media report, said at a recent conference appearance that broad interest in the topic should spur regulators to develop standards for the cannabinoid.
District Court for the District of Massachusetts against the United States Drug Enforcement Agency. The filing is backed by MAPS (Multidisciplinary Association for Psychedelic Studies) and calls on the DEA to answer a four-year-old filing requesting approval of his application to become a federally registered marijuana cultivator.
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