Dykema (Cannabis Law Blog)

APRIL 20, 2023

[vi] The 2023 Texas Legislature is advancing legislation that would amend the definition of “low-THC” cannabis to a level more consistent with other states and further expand the scope of conditions that medicinal cannabis treatment may be prescribed. iv] Texas State Law Library – Cannabis and the Law – [link]. [v]

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Law Chronic Pain Conditions Medicine 74

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. The Ninth Circuit Finds That the Definition of Hemp Turns on Delta-9 THC Concentration. Distro, LLC , No.

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Hemp DEA THC Concentrates 52

The Blunt Truth

JULY 5, 2023

Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis for recreational purposes, after Minnesota Governor Tim Walz signed a state law allowing adults 21 and older to use recreational cannabis. The new law amends the state’s Consumable Products Act to protect off-duty cannabis use.

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Law Recreational Policy Treatment 52

Dykema (Cannabis Law Blog)

FEBRUARY 22, 2022

As sovereign nations, tribes can generally make their own rules for their business ventures and members on tribal lands, with state law potentially applicable only in sharply limited circumstances. Generally speaking, tribes regulate and operate their businesses free from state regulation.

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Legislation Marijuana Collective State Laws 73

Cannabis Chronicles

JUNE 27, 2019

The proposed changes to the code provide a definition of “marijuana.” They also reflect updates to state law, such as eliminating “collective gardens,” which were previously used for medical marijuana. On Wednesday, the proposed code changes were back before the council for a final review.

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Law Retail State Laws Business 113

NORML

JANUARY 4, 2019

Steve Cohen (D-TN) and Don Young (R-AK) re-introduced the Compassionate Access, Research Expansion and Respect States (CARERS) Act, which protects those engaged in state-lawful medical marijuana programs from federal prosecution. MA resident? Click here to email your lawmakers in support of consumer employment protections.

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Legislation Clinical Trials Research and Development Access 122

Cannabis Law Report

JANUARY 18, 2022

The opinion reads: “Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3% total tetrahydrocannabinols (THC).

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Hemp THC Vaping State Laws 52

Cannabis Law Report

JANUARY 15, 2022

Existing law also requires hemp manufacturers who produce specified products that include industrial hemp or who produce raw hemp extract, as defined, to complete a registration process, under the State Department of Public Health, and to meet various requirements for testing and labeling on products. DIGEST KEY. 20210AB1656_99.

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Hemp Supply Chain Digestion Agriculture 52

Cannabis Law Report

AUGUST 1, 2022

The trial court granted defendant’s motion, finding that the definition of disability in RSA 354-A:2, IV is “contingent on the ‘disability’ not including current, illegal use of, or addiction to a controlled substance as defined in the [federal] Controlled Substances Act,” which includes marijuana.

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Law State Laws Policy Programs 52

SpeedWeed

APRIL 27, 2021

D-8 is legal federally, and most state laws don’t specifically address it. It’s definitely exploded,” she told Leafly. There’s big enthusiasm [for Delta-8] in the Southeastern states, the Carolinas, the Dakotas, Texas, anywhere…where people can’t get high legally.”. States already closing loopholes.

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Legalization DEA Supply Chain Hemp 52

Cannabis Law Report

SEPTEMBER 3, 2019

A state law signed by Gov. This is a high-resource-use industry, and it doesn’t have to be,” said state Rep. It definitely puts Illinois at or near the top in terms of state policies for energy and environmental performance for cultivation facilities,” he said. NPR ( St Louis Public Radio) report.

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Legislation State Laws Collective Cultivation 55

Cannabis Law Report

DECEMBER 2, 2021

The hemp-derived cannabinoid market continues to grow and evolve despite lingering questions over federal legality and numerous state laws that try to keep pace. ” This provides CDPH with the flexibility to respond quickly to new intoxicating hemp cannabinoid products sold within the state. Your LinkedIn Connections.

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THC Hemp Concentrates Extraction 52

MJ Business Attorneys

MAY 29, 2018

Congress cannot commandeer states’ legislative authority, a principle known as the “anti-commandeering” rule interpreted from the Tenth Amendment to the U.S. Murphy holds that state-law repeals are not pre-emptible. Constitution. It is important to recognize the federal government is not without power.

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Policy State Laws DEA Legislation 100

Cannabis Law Report

DECEMBER 7, 2021

The County Ordinance, however, uses definitions that diverge from existing statewide definitions, resulting in what many commentors have speculated is a broadly applicable ban on inhalable cannabis products sold at recreational marijuana premises licensed by the Oregon Liquor and Cannabis Commission (OLCC).

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Dispensary Retail Conditions Cannabis 52

Canna Law Blog

APRIL 15, 2019

We do know that the Drug Enforcement Administration has confirmed that the importation of cannabis plant material that falls outside of the Controlled Substance Act’s definition of “marihuana” (e.g., CBP also stated that “hemp flowers” are not excluded from the CSA definition.

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Hemp Agriculture THC Cultivation 69

Cannabis Law Report

JULY 26, 2021

There is no federal definition for synthetic derivatives, which has created quite a bit of confusion over the federal legality of Delta-8. Recall the National Cancer Institute’s definition describing Delta-8 as an analogue of THC with properties that affect the central nervous system where it is processed.

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THC Agriculture Hemp Extraction 105

Cannabis Law Report

FEBRUARY 12, 2022

By definition, hemp contains THC, even if only trace amounts. Kansas Hemp Supporters are encouraged to use our State Action Center to urge lawmakers to defeat HB 2604. Second, the bill recognizes a civil action but does not automatically provide for liability or unlimited damages, unlike the law from 2021.

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Hemp Seed-To-Sale Food State Laws 52

Canna Law Blog

DECEMBER 19, 2019

Whether an NDA is needed for business or employment purposes, an effective NDA should include the following provisions: A clear definition of the confidential information that will be shared with the Receiving Party during the term of the agreement.

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Business Hemp CBD Data 72

Cannabis Law Report

AUGUST 12, 2022

The Ninth Circuit found that AK Futures’ delta-8 products “fit comfortably” within the statutory definition of hemp, concluding that delta-8 may be “properly understood as a derivative, extract, or cannabinoid originating from the cannabis plant and containing ‘not more than 0.3 What about state laws banning delta-8?

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THC DEA Hemp Vaping 52

Canna Law Blog

JANUARY 13, 2020

In 2016, the FDA finalized a rule that extended its regulatory authority to all products meeting the TCA’s statutory definition of a tobacco product, including e-cigarettes. The FDA now oversees all products “made or derived from tobacco that [are] intended for human consumption.”

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Vaping CBD Hemp Consumption 87

Canna Law Blog

DECEMBER 9, 2019

have both been served with consumer class suits in California alleging that the products made by both companies violate FDA regulations and therefore violate California state law. And now, adding to the regulatory woes faced by many CBD companies, Charlotte’s Web Holdings Inc. and Infinite Product Co. 321(ff)(3)(B)]. . §

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CBD Food Hemp Topical 98

Veriheal

MAY 17, 2021

Please don’t further the lie by voting for any form of legalization beyond the pharmaceutical remedies already available under state law.” ” State Doctors Oppose Legalization in Alabama. This is what he stated to attendees at the annual session of the Medical Association of the State Of Alabama on April 16th.

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Legalization Pharmaceutical Therapy Chronic Pain 93

Canna Law Blog

DECEMBER 22, 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. 2-501 et seq.), ” NE St. § ” NE St. §

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Hemp CBD Agriculture Cultivation 72

Cannabis Law Report

MARCH 19, 2022

Previously, a three-judge panel for the court affirmed that an insurance company fit the definition of “victim” in a case where the defendant caused damage to a vehicle while committing a theft.

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Collective Cultivation Programs Law 98

Cannabis Law Report

OCTOBER 28, 2021

When the Bogards submitted an insurance claim, Country Mutual denied coverage based on the policy’s Controlled Substance exclusion, maintaining that the fire arose from a controlled substance, as defined in the policy to mean “as defined by the Federal Food and Drug Law at 21 U.S.C.A. The timing of a loss matters.

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CBD Policy THC Hemp 52

Veriheal

DECEMBER 7, 2022

“Financial institutions providing banking services to legitimate and licensed cannabis businesses under state laws are subject to criminal prosecution under several federal statutes,” reads a statement from the office of Perlmutter. Due to the plant’s illegal status, banking cannabis business revenue can be tricky.

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Business Banking Advocacy Cannabis 102

Cannabis Law Report

NOVEMBER 22, 2019

Signed into law on December 20, 2018, the 2018 Farm Bill formally acknowledges that hemp, defined as the plant “Cannabis sativa L. percent on a dry weight basis,” is removed from the Controlled Substances Act (CSA) definition of marijuana. USPTO Examination Guide 1?19. To see the full article click here.

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CBD Pets Sativa Food 59

MMJ Recs

MAY 16, 2020

Conflicts between the federal government and state laws may lead you to think that there’s a difference between medical marijuana and marijuana, but the truth is that they really only differ by legal definitions. There’s really no set definition to any term regarding the use or legalization of marijuana in the United States.

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Marijuana Decriminalization History Conditions 52

Greenspoon Marder Cannabis Law Group Blog

JUNE 14, 2019

Although this resolution is limited in scope, pending legislation on the horizon would definitively remedy this issue, specifically the Secure and Fair Enforcement (“SAFE”) Banking Act.

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Banking State Laws Cannabis Business 64

Veriheal

JUNE 16, 2021

It was an extremely busy, fast-paced job that was definitely stressful. ” Hopefully, Amazon has enough influence to help open some closed eyes and deaf ears throughout the United States Federal government. If you work in a high-stress job like so many people, cannabis just might be your saving grace.

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Media Consumption Cannabis Vaping 104

Cannabis Law Report

JULY 13, 2022

Supreme Court recently declined two requests to review state supreme court cases on this issue and definitively decide whether the CSA preempts state workers’ compensation laws that require reimbursement of medical cannabis. Unfortunately for employers, however, clarity on this issue will have to wait—the U.S.

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Chronic Pain Marijuana Law Treatment 52

Cannabis Law Report

MAY 1, 2019

Before I discuss how Director Hunt and CBP are dead wrong on this issue, it is important to acknowledge that CBD oil derived from marijuana is illegal under both federal and Texas state law. It states: “ The term marihuana does not include— (i)hemp, as defined in section 297A of the Agricultural Marketing Act of 1946[.]”.

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Hemp Oil Agriculture State Laws 45

The Blunt Truth

JULY 18, 2023

PITFALLS TO AVOID The TTAB held that NCG “cannot obtain federal registrations of its marks because [NCG’s] identified goods constitute drug paraphernalia under the CSA, the [Authorization] [E]xemption …, based on state law, does not support federal registration, and the [Tobacco] [E]xemption … does not apply.”

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Oil Hemp Cannabis Extraction 98

Cannabis Law Report

SEPTEMBER 12, 2022

Thus, the court was faced with squaring Oregon hemp law before the 2018 Farm Bill, with federal law which had not yet distinguished between hemp and marijuana, with two different standards for measuring Total THC in a substance involving two harvests. Farm Bill definition of hemp as containing less than.3%

Business 52

Business Policy Seed-To-Sale Hemp 52

SpeedWeed

DECEMBER 18, 2018

The Statesman Journal reports that a proposed bill would also change state law to protect job seekers who use substances like cannabis that are legal here. “We’ll definitely have some discussions” on the proposal, he said. Floyd Prozanski, D-Eugene.

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State Laws Collective Hemp Data 40

Marijuana Lawyer Blog

OCTOBER 5, 2021

Gavin Newsom signed into law the Compassionate Access to Medical Cannabis Act, or Ryan’s Law – remarkable for the fact that he vetoed a similar measure in 2019 due to conflict with federal law. Clearly, that definition is outdated. Medical cannabis has been legal in California since 1996.

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Legalization Patients Cannabis Recreational 52

Cannabis Law Report

DECEMBER 14, 2019

Because federal law prohibits the distribution and sale of marijuana, the 2014 Guidance clarified that financial transactions involving marijuana-related businesses (even those properly licensed under state law) would generally involve funds derived from illegal activity, which would typically trigger a SAR filing.

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Hemp Business Banking Agriculture 59