May 2021

May 2021

Rod Kight: Kentucky Gets It Wrong On Delta-8 THC

Rod Kight: Kentucky Gets It Wrong On Delta-8 THC

As a large hemp producing state, Kentucky is important to the hemp industry. It is often perceived to be “ground zero” for hemp law since it is home to two outspoken and hemp-friendly Senators; it sued the Drug Enforcement Administration (DEA) when the DEA seized imported hemp seeds coming into the state; and it submitted the first proposed plan to the US Department of Agriculture (USDA) under the Agricultural Improvement Act of 2018 (2018 Farm Bill), though the plan has effectively been withdrawn.

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Cliffe Dekker Hofmeyr (CDH):  South Africa’s Green Gold

Cliffe Dekker Hofmeyr (CDH): South Africa’s Green Gold

What this article aims to provide is a brief insight into the current South African cannabis economy as well as illustrate that large-scale, commercial cannabis cultivation, processing, product development, retail and export is possible and is currently underway. 

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Mackrell Solicitors & Maple Tree: UK Medical Cannabis & CBD Market Discussion Paper – Ten Recommendations For Government

Mackrell Solicitors & Maple Tree: UK Medical Cannabis & CBD Market Discussion Paper – Ten Recommendations For Government

The recognition that cannabis has medicinal properties, and a role in the mix of medical treatments, has spread across the globe in recent years. As a result, an increasing number of jurisdictions have legalised access to it to varying degrees. Currently, this comprises over 50 countries, including Canada, Australia, Germany and over half of the US states. This increased recognition and legalised access has resulted in a global medicinal cannabis industry currently estimated to be worth £16.5 billion now and reaching to over £55 billion by 2027.1

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Hoban Law: Why File a Protective Claim for Refund for Cannabis?

Hoban Law: Why File a Protective Claim for Refund for Cannabis?

Some things in life are simply no-brainers, not only because the justification for doing them is so immediately obvious, but further, because the justification for not doing them is so obviously absent. The filing of “protective” claims for refund as a hedge against the draconian provisions that govern the federal taxation of cannabis, and particularly for marijuana, is one of those things properly placed at the top of the no-brainer list. Why? Read on.

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Hoban Law: Cannabinoids 101

Hoban Law: Cannabinoids 101

The cannabis plant, including both hemp and marijuana, like most plants is comprised of
multiple parts including the stalk and stem, leaf, flower, and seed.

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Hoban Law: The Current State of Cannabis in Mexico

Hoban Law: The Current State of Cannabis in Mexico

The short answer is that it depends on the use. Mexico is in the process of cannabis legalization. As of today, the harvesting, growing, transporting, and sale of adult use cannabis is expressly prohibited by law and sanctioned by the Federal Criminal Code.

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Mintz: New York Amends its Off-Duty Conduct Law to Account for Marijuana Use

Mintz: New York Amends its Off-Duty Conduct Law to Account for Marijuana Use

New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally legalized the sale and use of cannabis for individuals 21 and over, and presents real compliance challenges for employers, which we discuss further below.

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Baker Hostetler: Screening Employees for Marijuana in New York Goes Up in Smoke

Baker Hostetler: Screening Employees for Marijuana in New York Goes Up in Smoke

Last month, Gov. Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA), which legalized adult (21 years of age and up) use and possession of up to three ounces of marijuana (or 24 grams of concentrated marijuana). This legalization spurs questions for employers: Are they allowed to prohibit the use of marijuana? Can they discipline for the use of marijuana? Can they drug test for marijuana? We’ve got the answers.

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Vincente Sederberg: Cannabis Trademarks 101

Vincente Sederberg: Cannabis Trademarks 101

In an industry that runs on innovation and differentiation, a cannabis brand’s identity is among its most valuable—and most prone to copying—assets. It’s a common myth that cannabis industry brands cannot get trademark protection. In fact, many cannabis-related trademarks are registered with the U.S. Patent and Trademark Office (USPTO), including U.S. Weed Channel, MedMen, Cheech’s Private Stash, and GOT GUMMIES? to name a few.

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Harris Beach: Immigration Consequences of Passive Investment in the Legal Cannabis Industry      

Harris Beach: Immigration Consequences of Passive Investment in the Legal Cannabis Industry     

The recent legalization of adult-use cannabis in New York State has created enormous economic opportunity in the state, but taking advantage of those opportunities may bring harsh immigration consequences for foreign nationals currently in the U.S. or who seek admission to the United States in the future. Marijuana remains a Schedule I substance under the federal Controlled Substances Act, and is therefore illegal to possess, distribute, sell or manufacture anywhere in the United States.

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Foley Lardner:  The City of Denver a Trendsetter in Cannabis Reform?

Foley Lardner: The City of Denver a Trendsetter in Cannabis Reform?

On April 20, 2021, Denver Mayor, Michael Hancock, signed the Marijuana Omnibus Bill and Marijuana Hospitality Bill into law, which make significant changes to Denver’s current cannabis laws.  These changes directly address hot-button items such as social equity and permanently implement the relaxation of certain regulations initially implemented for safety purposes during the pandemic.  These changes are long overdue and signify that Denver may be assuming the mantle of trendsetter for a post COVID-19 cannabis industry. The changes include……

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Harris Beach: Municipal Guidance On Land Use and Zoning, Cannabis and the Marijuana Regulation and Taxation Act

Harris Beach: Municipal Guidance On Land Use and Zoning, Cannabis and the Marijuana Regulation and Taxation Act

While towns, villages, and cities cannot completely prohibit these licensees after the opt-out period, the MRTA allows these municipalities to adopt local laws and regulations governing the time, place and manner of the operation of the licensed retail dispensaries and on-site consumption sites provided such local laws and regulations do not make such operation unreasonably impracticable

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Morgan Lewis: New York’s Marijuana Regulation and Taxation Act: Employer Considerations

Morgan Lewis: New York’s Marijuana Regulation and Taxation Act: Employer Considerations

New York’s Marijuana Regulation and Taxation Act legalized recreational cannabis in New York State on March 31, 2021. While it will take some time to organize and implement many aspects of the law—such as the issuing of registrations, licenses, and permits to sell and distribute cannabis—there are immediate consequences related to employee cannabis possession and use that took effect upon Governor Andrew Cuomo’s signature.

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Morgan Lewis: New York’s Marijuana Regulation and Taxation Act: Employer Considerations

Morgan Lewis: New York’s Marijuana Regulation and Taxation Act: Employer Considerations

New York’s Marijuana Regulation and Taxation Act legalized recreational cannabis in New York State on March 31, 2021. While it will take some time to organize and implement many aspects of the law—such as the issuing of registrations, licenses, and permits to sell and distribute cannabis—there are immediate consequences related to employee cannabis possession and use that took effect upon Governor Andrew Cuomo’s signature.

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Faegre Drinker: Employers Beware: New York Protects Off-Duty Use of Recreational Cannabis

Faegre Drinker: Employers Beware: New York Protects Off-Duty Use of Recreational Cannabis

On March 31, 2021, Gov. Andrew Cuomo signed into law the New York Marihuana Regulation and Taxation Act (MRTA), making New York the latest state to join a growing list of states and territories to legalize recreational use of cannabis for adults 21 and older. Effective immediately, the new law expands employment protections for lawful off-duty conduct to specifically include the use of cannabis as discussed below.

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Horton Management Law: New York Law Protects Employee Marijuana Use

Horton Management Law: New York Law Protects Employee Marijuana Use

On March 31, 2021, New York Governor Andrew Cuomo signed the “Marijuana Regulation and Taxation Act” into law. This action immediately decriminalizes many instances of adult possession and use of cannabis products, including marijuana, statewide. It will eventually lead to the legal sale of marijuana through licensed dispensaries. Among the immediate impacts, now New York law protects employee marijuana use.

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Cultiva Law: Becoming A Cannabis Cultivator In California

Cultiva Law: Becoming A Cannabis Cultivator In California

Since 2016, California has experienced a transformative landscape surrounding the legal cannabis market. Officially made legal by Proposition 206, the market for cannabis sale, manufacturing and cultivation has experienced a dramatic shift. While retailers get all of the publicity, an often-overlooked area of the legal cannabis market is cultivation: planting, growing, harvesting, drying, curing, grading, and trimming of cannabis. Read on to learn more about the cultivation business and some particularly important aspects of entering this burgeoning industry.

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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