June 2021

June 2021

Michael Sassano and Antonio Guedelha: GMP Series Part 4: Laboratory Set-Up

Michael Sassano and Antonio Guedelha: GMP Series Part 4: Laboratory Set-Up

The laboratory is both one of the most active and one of the most critical rooms in a GMP facility. The laboratory generates all the quality control reporting necessary to prove the quality of your final products. Laboratories have diverse diagnostic equipment pertinent to your operation, and depending on your budget, these tools can increase self-sufficiency and accuracy. Organizing the lab right is another step in your Good Manufacturing Practice (GMP) approval process that will guide your product quality and innovations.

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UK: Cannabis & Emissions In The UK

UK: Cannabis & Emissions In The UK

The UK are seen as pioneers in climate action and are vocal supporters of the Paris Agreement. A backdated agreement to 1990 sees the Government committed to reducing emissions by a whopping 78% by the year 2035. This would be a monumental achievement but nobody is addressing the elephant in the room, cannabis.

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Rod Kight: Is Delta-8 THC “Synthetic”? Does It Matter?

Rod Kight: Is Delta-8 THC “Synthetic”? Does It Matter?

There are hundreds, perhaps thousands, of companies involved in the Δ8THC segment of the hemp industry. Due to an oversupply in the market of hemp biomass, hemp extract, and CBD, we have seen a precipitous drop in both prices and profits for these commodities. In contrast, Δ8THC sales are exploding. For this reason, some contend that Δ8THC is singlehandedly saving the hemp industry from economic annihilation. Others, however, contend that Δ8THC is dangerous to the hemp industry’s reputation.

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Hoban Law: Cannabinoids 101

Hoban Law: Cannabinoids 101

Given the relatively nascent nature of cannabis regulation, new cannabinoid discoveries and trends are happening with greater speed. Issues surrounding naturally occurring and synthetically derived cannabinoids are mounting and lines being drawn. Ultimately, products with intoxicating cannabinoids will find themselves in the marijuana regulated space while consumers will regularly find hemp products on mainstream retail shelves.

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

Foley: 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.

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Perkins Coie: United States: FTC Continues Crackdown On Unsupported CBD Marketing

Perkins Coie: United States: FTC Continues Crackdown On Unsupported CBD Marketing

Today, the U.S. Federal Trade Commission (FTC) announced a settlement in its most recent law enforcement action in its ongoing efforts to monitor the marketplace regarding misleading cannabidiol (CBD) product claims. The action targets Kushly Industries LLC (Kushly) and the company’s sole officer for allegedly making false or unsupported health benefit claims about Kushly’s CBD product.

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Dr. Marne Coit – NC State University: Update on Hemp Law and Regulations in the US. By Marne Coit

Dr. Marne Coit – NC State University: Update on Hemp Law and Regulations in the US. By Marne Coit

After decades of being prohibited in the United States, the 2014 Farm Bill allowed hemp to be grown again. One of the most consistent attributes of the hemp industry since then has been that the law seems to change constantly. This has made it more difficult for growers to plan for their businesses. We are now at a place, though, where the laws around hemp cultivation may be settling out, which will provide much-needed consistency for the industry.

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Locke Lord: Explaining Why Delta – 8 THC Is In A Legal Grey Area

Locke Lord: Explaining Why Delta – 8 THC Is In A Legal Grey Area

Delta-8 THC is the latest trend permeating through the cannabis industry. The National Cancer Institute’s definition of Delta-8 THC indicates that it is “an analogue of THC” that contains neuroprotective properties that can increase appetite and reduce nausea, anxiety and pain. It produces some psychotropic effects but has “a lower psychothropic potency” than Delta-9 THC. In other words, it is a cannabinoid that can produce the “high” traditionally associated with Delta-9 THC, but not as much of it. The interesting thing about Delta-8 THC is that it can be produced from hemp as defined under the 2018 Farm Bill, which unlike marijuana, is federally legal. This would seem to make Delta-8 THC (and the products containing it) legal and freely enjoyable across the United States, but it is not quite that simple.

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Green Light Law Group: Oregon- OLCC: Anything You Say Can and Will be Used Against You – Even in Settlement Negotiations

Green Light Law Group: Oregon- OLCC: Anything You Say Can and Will be Used Against You – Even in Settlement Negotiations

In a recent contested case hearing I participated in, the OLCC’s case presenter (the term used for the agency’s representative at the hearing who is the rough equivalent, but with significant limitations, of a prosecuting attorney) referenced a document that was given to him during settlement discussions. The document itself included a legend on each page declaring it to contain confidential financial information that may not be exploited in any manner without my client’s consent.

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Drummond Woodsum: Cannabis in the Green Mountain State

Drummond Woodsum: Cannabis in the Green Mountain State

Vermont became the first state in the country to legalize marijuana through the legislative process (and not by voter initiatives) back in 2018. In October of 2020, Governor Scott decided not to sign Bill S.54 (Act 164) and the law went into effect without his signature. That made Vermont the 11th state to legalize the recreational sale of marijuana. However, Vermont residents and visitors won’t be walking into a retail cannabis store any time soon.

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Hunton Andrews Kurth: Virginia Enacts Employment Protections For Medical Use of Cannabis Oil

Hunton Andrews Kurth: Virginia Enacts Employment Protections For Medical Use of Cannabis Oil

On March 25, 2021, Virginia Governor Ralph Northam signed into law new protections for employees related to the medicinal use of cannabis oil.  Effective July 1, 2021, the newly enacted § 40.1-27.4 will prohibit employers from disciplining, discharging, or discriminating against an employee for his or her lawful use of cannabis oil so long as the use is pursuant to a valid written certification issued by a health care practitioner for the treatment of the employee’s diagnosed condition or disease.

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Jackson Lewis PC: Alabama Enacts Medical Marijuana Law

Jackson Lewis PC: Alabama Enacts Medical Marijuana Law

Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions including Crohn’s disease, depression, epilepsy, HIV/AIDs, panic disorder, Parkinson’s disease, persistent nausea, post-traumatic stress disorder, chronic or intractable pain, among others.  The law was effective immediately upon signing by the Governor, although medical cannabis will not become available for at least a year.

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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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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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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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Manzuri Law: New York Cannabis – The Marijuana Regulation & Taxation Act

Manzuri Law: New York Cannabis – The Marijuana Regulation & Taxation Act

On March 31, 2021, New York Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act into law. This immediately legalized adult-use and possession of up to three ounces of cannabis, or up to 24 grams of concentrates. The Act also adds cannabis to the Clean Indoor Air Act establishing a baseline on where cannabis can be smoked or vaped. As such, consumption is now legal anywhere it is legal to smoke tobacco, including on city sidewalks.

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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

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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Foley Hoag: United States: Cannabis And Renewable Energy In New York: Delving Into The Weeds Of A Budding Industry

Foley Hoag: United States: Cannabis And Renewable Energy In New York: Delving Into The Weeds Of A Budding Industry

New York’s recent legalization of recreational marijuana for adult use has set off a flurry of entrepreneurial activity as businesses seek to establish a foothold in the State’s new and lucrative market. Renewable energy, energy storage and other technologies can help growers not only minimize their electricity bills – a substantial operation expense for the typical indoor farm – but also give them a leg up in the State’s licensing process.

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Obermayar: The Trend of Legalization: Recent Developments in Marijuana Legalization in New York, New Jersey, and Pennsylvania

Obermayar: The Trend of Legalization: Recent Developments in Marijuana Legalization in New York, New Jersey, and Pennsylvania

In March 2021, New York enacted Senate Bill S854A, making it the 16th state to legalize marijuana for recreational use. The law addresses aspects of marijuana use and possession including (i) permitting individuals 21 and older to possess and purchase up to three ounces of marijuana; (ii) expanding the list of medical conditions for which marijuana can be prescribed; and (iii) allowing individuals to possess up to five pounds of marijuana in their home.

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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