July 2021

July 2021

Marc D Wasserman: Words Matter

Marc D Wasserman: Words Matter

It’s 2021 and Cannabis is still NOT completely legal. People are still being arrested. The time for this to change is long overdue. Too many people have had their lives ruined because of the insane, archaic laws that still exist

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California: Ryan’s Law SB 311 Fact Sheet

California: Ryan’s Law SB 311 Fact Sheet

Senate Bill 311 would require that hospitals and certain types of healthcare facilities in the State of California allow a terminally-ill patient to use medical cannabis for treatment and/or pain relief. Smoking or vaping cannabis is expressly prohibited, and the bill is not applicable to a patient receiving emergency services or care.

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Tilleke & Gibbins: Cannabis & Hemp Business Guide (Thailand)

Tilleke & Gibbins: Cannabis & Hemp Business Guide (Thailand)

Cannabis (also known as marijuana) and hemp have been classified as a category 5 narcotic under the Narcotics Act since 1979. All activities related to the plants and their derivatives had been very much restricted until the recent rise of the cannabis legalization movement—its first milestone being Amendment (No. 7) to the Narcotics Act, effective February 19, 2019. The Thai government has since been working to reclassify the products and lay out the regulatory pathways to accommodate these new “economic plants.”

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Sam Boyd: Cannabis Stocks Aren’t Exactly On Fire

Sam Boyd: Cannabis Stocks Aren’t Exactly On Fire

Market analysts have been predicting that the legal cannabis industry has been ‘about to blow up’ for what seems like years now, so why hasn’t it? Individual companies have performed well, but year to year there hasn’t been the shocking growth that many speculated would occur after national legalization. Is there something in the way, or did the analysts get something wrong?

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Baker & McKenzie: Recent Developments in Cannabis and Hemp Deregulation in Thailand: Exciting Prospects for Cosmetics and Food Industry

Baker & McKenzie: Recent Developments in Cannabis and Hemp Deregulation in Thailand: Exciting Prospects for Cosmetics and Food Industry

Since the amendment of the Thai Narcotics Act allowing the use of cannabis for medical purposes for the first time in 2019, Thailand continues to take strides to deregulate certain parts and extracts of the cannabis and hemp plants, expanding the scope of their application to cosmetics and food. Recent legislative changes that are impacting the cannabis and hemp industry are summarized in further detail below, with a particular focus on cosmetics and food.

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Collateral Base: Connecticut Legalizes Adult-Use Cannabis

Collateral Base: Connecticut Legalizes Adult-Use Cannabis

On June 22nd, 2021, after a hard-fought battle, Connecticut’s governor finally decided to sign Senate Bill 1201, which legalized adult-use recreational cannabis as well as to expunge thousands of past convictions for marijuana possession. With his signature, Connecticut became the 19th state to legalize recreational marijuana, and the fifth to do so this year following New Mexico, New York, Virginia, and New Jersey.

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Collateral Base: US Supreme Court Justice Issues Statement On Marijuana

Collateral Base: US Supreme Court Justice Issues Statement On Marijuana

After the Court denied a review of a Colorado case which dealt with a medical marijuana dispensary and a challenge to a public policy provision in the Tax Code, Associate Justice Thomas, notoriously one of the most conserveative judges to ever sit on the bench, wrote a statement acknowledging that, because of an acceptance of state-level cannabis legalization, “a prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the Federal Government’s piecemeal approach.” He further asserted that the Colorado case that the Supreme Court refused to hear is a prime example of the fact that marijuana businesses do not experience “equal treatment” under the law.

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Bressler Amery & Ross : Florida Supreme Court Rejects Florigrown’s Constitutional Challenge to Florida’s Medical Marijuana Law

Bressler Amery & Ross : Florida Supreme Court Rejects Florigrown’s Constitutional Challenge to Florida’s Medical Marijuana Law

On May 27, 2021, the Florida Supreme Court issued an opinion addressing several constitutional challenges to Florida’s medical marijuana law. The 6-1 decision determined that the constitutional challenge to vertical integration and licensing caps is not likely to succeed on its merits and overturned the lower court’s injunction.   The Court’s decision will impact small companies hoping to enter the state’s marijuana market and means that regulators of Florida’s medical marijuana industry will not be required to amend the current licensing structure.  The Supreme Court’s decision stems from a lawsuit filed by Florigrown, a Tampa-based medical marijuana company that applied to become a Medical Marijuana Treatment Center (“MMTC”).

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Smart & Biggar: Federal Court finds Subway’s trademark rights infringed by cannabis retailer that adopted “Budway” parody mark

Smart & Biggar: Federal Court finds Subway’s trademark rights infringed by cannabis retailer that adopted “Budway” parody mark

Earlier this month, the Federal Court issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, a case involving a cannabis retailer that knowingly adopted a parody mark in connection with its business. This case was no laughing matter for the plaintiff, Subway IP LLC (Subway), or the Court, which ruled in favour of Subway, and awarded the plaintiff permanent injunctive relief, damages and over 80% of its costs.

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ChimwaMurombe Legal Practice: Zimbabwe – Legal Framework On Industrial Hemp Farming

ChimwaMurombe Legal Practice: Zimbabwe – Legal Framework On Industrial Hemp Farming

This paper will focus on some of the most critical aspects involved in the production and disposal of hemp particularly the different types of permits offered, the issues of possession of industrial hemp as well as the harvesting process and the process after harvest and penalties for non-compliance with the regulations. According to the regulations, industrial hemp means the plant cannabis sativa and any part of the plant including the seeds thereof and all derivatives, extracts, cannabinoids, isomer, acids, salts and salts of isomers, whether growing or not with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

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USA: The Delta-8 THC Loophole

USA: The Delta-8 THC Loophole

Under the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”), cannabis products derived from hemp are federally legal to sell and use. “Hemp” is defined in the 2018 Farm Bill as the cannabis plant containing no more than .3% Delta-9 THC.

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Jackson Lewis: Connecticut Legalizes Recreational Marijuana

Jackson Lewis: Connecticut Legalizes Recreational Marijuana

Connecticut will permit individuals 21 years of age and older to possess and use recreational cannabis. Individuals cannot possess more than 1.5 ounces on their person or more than 5 ounces in a locked container in their home or in a locked glove box or trunk of a motor vehicle.

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Husch Blackwell: Supreme Court Declines To Hear Challenge To IRS Enforcement Of Cannabis Tax Rules

Husch Blackwell: Supreme Court Declines To Hear Challenge To IRS Enforcement Of Cannabis Tax Rules

On June 21, 2021, the U. S. Supreme Court declined to hear Eric D. Speidell, et al., Petitioners v. United States, which sought to overturn the Tenth Circuit Court of Appeals’ 2020 opinion on Speidell v. United States. In that case, the Tenth Circuit rejected the argument of several Colorado medical marijuana dispensaries that the Internal Revenue Service (IRS) does not have authority to investigate whether a taxpayer is dealing in controlled substances. Because the Supreme Court declined to hear the case, the Tenth Circuit ruling stands, and taxpayers can reasonably expect courts across the country to reach similar results as the Tenth Circuit did. Marijuana-related businesses can expect the IRS to continue aggressively enforcing Section 280E of the Internal Revenue Code.

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Torkin Manes: Medical Cannabis & Cannabinoid Regulation 2021

Torkin Manes: Medical Cannabis & Cannabinoid Regulation 2021

There are both federal and provincial/territorial laws and regulations that govern the cannabis industry in Canada. In some instances, there are laws and regulations at the municipal level as well. Generally speaking, the federal government has the authority to regulate all aspects of the cannabis industry except for rules pertaining to sale, consumption and distribution, which are left to the provinces and territories, consistent with their constitutional jurisdiction over property and civil rights.

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MJ Westerman Law: The Status of Hemp & Delta 8 in TX: As of June the 26th, 2021

MJ Westerman Law: The Status of Hemp & Delta 8 in TX: As of June the 26th, 2021

At the moment smokable hemp is not banned as far as available information supports. Movement began last year when the DSHS moved to enforce a ban on smokable hemp that was in prior legislation. Crown Distributing, Wild Hempettes, and 2 other hemp companies joined together and hired a few of my legal colleagues to sue the DSHS. They achieved a temporary injunction/restraining order that prevented the government from enforcing the ban, keeping smokable hemp around until the trial court decided.

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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