October 2020

Cannabis Law Journal

Cannabis Law Journal

October 2020 Edition

Hoban Law Group : Cannabis and the (USA) Safe Banking Act

Hoban Law Group : Cannabis and the (USA) Safe Banking Act

Written by Steven M. Schain, Esquire Steve Schain is a Senior Attorney at Hoban Law Group and admitted to practice in Pennsylvania and New Jersey. Steve represents entities, governments and individuals in choosing a structure, preparing and submitting license...

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Shook Hardy Bacon: Growing Pains: Cannabis and California’s Consumer Claims

Shook Hardy Bacon: Growing Pains: Cannabis and California’s Consumer Claims

Since Colorado and Washington became the first states to legalize recreational marijuana in 2012, research continues to identify positive benefits, further driving up already increasing sales of cannabis-related products. As investors smell the potential for a “green rush,” the number of companies seeking to enter the market will continue to grow. For those who distinguish themselves and succeed – as the saying goes – heavy lies the crown. This is especially true in California, where cannabis companies have already faced an initial wave of litigation.

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Buscher Law: Delta-8 THC is Still Legal Despite the New DEA Rule

Buscher Law: Delta-8 THC is Still Legal Despite the New DEA Rule

On August 21, the DEA published an interim final rule (“IFR”), effective immediately, that caused alarm in the cannabis industry. The stated purpose of the rule was to correct inconsistencies between the DEA’s regulations and the statutory amendments made by the Agricultural Improvement Act of 2018 (“AIA”), but what caught people’s attention was the reiteration that extracts above 0.3% Delta-9 THC are marijuana, as well as the following short paragraph: 

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Mr Cannabis Law – USA: The SAFE Act & The MORE Act

Mr Cannabis Law – USA: The SAFE Act & The MORE Act

As with many industries in the United States, the future of the cannabis industry may very well be determined by the November election. The next steps for the industry will not be determined by the results of the presidential race, but the Senate race.

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Grigore Tudor Ionut – USA / Uruguay: “The efficiency of marijuana legalization and regulation policies: Colorado, U.S.A vs. Uruguay. A comparative study”

Grigore Tudor Ionut – USA / Uruguay: “The efficiency of marijuana legalization and regulation policies: Colorado, U.S.A vs. Uruguay. A comparative study”

According to data from the Colorado Department of Revenue, the state has managed to extract ~$75 million dollars in marijuana tax revenue in 2015, while Uruguay has yet to produce any financial gains from its regulation of marijuana. This thesis places a specific interest in pointing out the origins of each law and the implementation procedures entailed by them, in order to determine their overall efficiency.

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Tilleke & Gibbins – Thailand: Readies Draft Notification to Allow Hemp-Based Ingredients for Food Innovation

Tilleke & Gibbins – Thailand: Readies Draft Notification to Allow Hemp-Based Ingredients for Food Innovation

The cannabis industry in Thailand took its first concrete step in February of 2019, when medical cannabis was unexpectedly legalized. In August 2019, a Ministry of Public Health (MOPH) notification delisted some components and derivatives of cannabis plants from the category of narcotics and reclassified them as products within the purview of individual laws (e.g., on medicine, herbal products, cosmetics, food, etc.).

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Womble Bond Dickinson – USA: DEA Interim Final Rule on Hemp Draws Fire; Public Comment Period Ends 10/20/20

Womble Bond Dickinson – USA: DEA Interim Final Rule on Hemp Draws Fire; Public Comment Period Ends 10/20/20

The DEA published an interim final rule (IFR) late last week conforming its own regulations to meet Congress’ 2018 de-criminalization of hemp. The Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) removed hemp from the Controlled Substances Act (CSA), and DEA’s recent action purports to realign the agency’s own regulations with the now two-year-old federal legalization of hemp.

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The Cannabis Law Group: The Legal Complexities of California Contract Cannabis Farming

The Cannabis Law Group: The Legal Complexities of California Contract Cannabis Farming

As longtime Los Angeles cannabis business lawyers, we recognize that there are significant legal barriers to entry in California’s legal marijuana market. For this reason, an increasing number of smaller farmers are jumping on the bandwagon of something called “contract cannabis farming.” This is a common practice in mainstream agriculture that is just starting to gain steam in the cannabis market.

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International Law Office: Is the 2020 (South Africa) Cannabis Bill a flower among weeds or a weed among flowers?

International Law Office: Is the 2020 (South Africa) Cannabis Bill a flower among weeds or a weed among flowers?

The 2020 Cannabis Bill does little to revise its 2019 predecessor in recognising the Constitutional Court’s rulings in The Minister of Justice and Constitutional Development v Prince, National Director of Public Prosecutions v Rubin and National Director of Public Prosecutions v Acton, which legalised adults’ cultivation, possession and use of cannabis for private use and recreational purposes.

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Butler Snow: States’ Efforts to Blunt Federal Criminalization of Marijuana

Butler Snow: States’ Efforts to Blunt Federal Criminalization of Marijuana

Medical marijuana will be on the ballot this November in Mississippi.  Initiative 65 proposes to amend the Mississippi Constitution to allow citizens, certified by physicians, to use medical marijuana.  For the most part, marijuana use and possession is illegal in Mississippi. Miss. Code § 41-29-139.  Marijuana use and possession is also illegal under the federal Controlled Substances Act (“CSA”). 21 U.S.C. § 812.  Despite this, Mississippi is one of many states that have legalized, or are attempting to legalize, marijuana in some form.

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Burns Levinson: There’s Always Certainty in Taxes: IRS Issues Tax Guidance for the Marijuana Industry

Burns Levinson: There’s Always Certainty in Taxes: IRS Issues Tax Guidance for the Marijuana Industry

During these unpredictable times, there is certainty in taxes. This month the Internal Revenue Service (“IRS”) posted a dedicated marijuana-industry specific webpage providing general tax guidance and FAQs for the predominantly cash-based industry.  The guidance does not signify a change to the existing law but rather reminds marijuana business owners of their responsibility to pay federal taxes.

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Hoban Law: Life Extension Technology And Cannabis Formulations

Hoban Law: Life Extension Technology And Cannabis Formulations

During the last ten years, my career has focused on cannabis formulation patents.  As a patent attorney with three decades of experience, I am often asked what is the best cannabis formulation you have seen?  My short answer is, “There are many, and each is best.”  It just depends on what a person is looking to achieve.

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New

Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild