Project CBD

AUGUST 23, 2023

Within that definition, are two critical phrases: “all derivatives” and “whether growing or not.” “All Explicitly exclude novel synthetic compounds from the hemp definition and subject them to FDA oversight. Indeed, in state cannabis markets, THCA is always included in the definition of THC and the calculation of total THC.

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Cannabinoids Hemp THC Safety 141

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

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

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 84

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.

Hemp 68

Hemp Agriculture THC Cultivation 68

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

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

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.

THC 81

THC Agriculture Hemp Extraction 81

NORML

FEBRUARY 22, 2019

Legislation is pending, House Bill 2149, to amend the definition of “cannabis” under the 2010 voter-approved medical marijuana law. This measure prohibits employers from arbitrarily discriminating against prospective employees who legally consume medical cannabis off-the-job in accordance with state law.

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Legislation Hemp Compliance Compliance 191

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

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.

Business 69

Business Hemp CBD Data 69

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.

Legislation 55

Legislation State Laws Collective Cultivation 55

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

APRIL 20, 2022

9-THC (the substance codified as “marihuana” by the federal Controlled Substances Act), have raised questions regarding these products’ legality under federal and state law. Notably, Georgia (like other states) has incorporated the 2018 Farm Bill’s definition of hemp into its state law. Delta-9 THC.

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Legalization THC Sativa Hemp 52

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 Programs Cultivation Law 98

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 69

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 103

Cannabis Law Report

AUGUST 23, 2021

Section 280E denies deductions and credits for amounts paid or incurred in carrying on the trade or business of trafficking controlled substances (within the meaning of Schedules I and II of the CSA), in violation of federal or state law. [13] 16] By defining “trafficking” in this manner, the court has cast a wide net.

Business 105

Business Cannabis Law Legislation 105

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.

Banking 64

Banking State Laws Cannabis Business 64

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

Canna Law Blog

FEBRUARY 25, 2019

As we previously explained , alcoholic beverages are regulated by federal and state laws. Cannabis is heavily regulated at the state level but unlike alcohol, it is—for the most part—strictly prohibited under federal law.

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CBD Seed-To-Sale Legalization Hemp 88

Cannabis Law Report

JULY 29, 2021

In Oregon, industrial hemp is specifically excluded from the definition of marijuana. If you find yourself in this situation, it is important to exercise your First Amendment right to record law enforcement and take a video of the officers as they are collecting and handling the samples. Thus, any cannabis that has 0.3

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Agriculture Hemp Collective THC 105

Canna Law Blog

JUNE 7, 2019

Industrial Hemp: Don’t Forget About State Law! Five Key Documents Necessary to Understand Industrial Hemp Law. It also allows the USDA to set federal standards for hemp cultivation to be used in states that do not have an approved plan but also have not prohibited hemp cultivation under state law.

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Hemp CBD Agriculture Food 76

The Blunt Truth

JUNE 8, 2020

There is a state law trend towards requiring employers to prove impairment to justify adverse action based on marijuana use. Given that marijuana legislation is sweeping the nation, many employers are presently updating their policies and procedures as they expect to see increased marijuana usage among their employees.

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Marijuana Policy Compliance Compliance 99

Canna Law Blog

NOVEMBER 30, 2019

The Sherman Law is in many respects similar to the federal Food, Drug and Cosmetic Act (which is the basis for the FDA’s power over Hemp CBD). Notably, the Sherman Law prohibits selling “adulterated” food. Ultimately, there is no great answer to the question “is Hemp CBD really unlawful in California?”,

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Hemp CBD Food Sativa 95

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

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

Canna Law Blog

SEPTEMBER 1, 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. We wrote about that case in great detail here.

Hemp 71

Hemp CBD Seed-To-Sale Cultivation 71

Canna Law Blog

MARCH 4, 2020

Ketamine infusion therapy fits squarely into legitimate off-label use for those mental health conditions not effectively treated by what’s on the pharmaceutical market today (and there are definitely more treatment possibilities out there as medical research continues).

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Therapy Legalization Chronic Pain DEA 91

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

Cannabis Law Report

JUNE 28, 2021

federal law, nor will it provide a defense to any federal proceeding which may be brought against the Company. million (the “Agreement”).

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Retail Events Business Law 105

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).

Hemp 52

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.

Hemp 52

Hemp Supply Chain Digestion Agriculture 52

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.

THC 52

THC Hemp Concentrates Extraction 52

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).

Dispensary 52

Dispensary Retail Conditions Cannabis 52

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

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.

Law 52

Law State Laws Policy Programs 52