April 2021

Tilleke & Gibbins: Thailand’s Decriminalization of Cannabis Plants

Tilleke & Gibbins: Thailand’s Decriminalization of Cannabis Plants

After a long interlude (caused primarily by government focus turning to the COVID-19 pandemic and other emergent priorities), a new MOPH notification was published in the Government Gazette on December 14, 2020, expanding the delisting of cannabis from the Narcotics Act to include nearly all parts of cannabis and hemp plants, as detailed in the table below.

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Dentons: Germany: Federal Supreme Court decides on criminal liability of the sale of hemp tea but misses the chance to set a clear course for the industry

Dentons: Germany: Federal Supreme Court decides on criminal liability of the sale of hemp tea but misses the chance to set a clear course for the industry

In the past, there has been great uncertainty among buyers and consumers in Germany regarding the distribution of hemp tea and other cannabis based products. This uncertainty stems from the somewhat ambiguous legal framework and corresponding case law. Therefore, many industry representatives hoped that the German Federal Court of Justice (“BGH”) would provide more clarity in its recent decision of March 24, 2021. Therein the BGH overturned a decision of the Regional Court of Braunschweig in favor of the defendants, which were accused of trafficking narcotics

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GrayRobinson, P.A: Do I have to choose between my medical marijuana card and my concealed carry license?

GrayRobinson, P.A: Do I have to choose between my medical marijuana card and my concealed carry license?

Florida law does not explicitly prohibit a medical marijuana card holder from obtaining a concealed weapons and firearms license. It also does not prohibit a concealed weapons licensee from obtaining a medical marijuana card. Commissioner of Agriculture and Consumer Services Nikki Fried has gone on record contending that Florida law allows one to simultaneously hold both. In 2019, Fried explained, “I have both [a concealed weapons permit and medical marijuana card]. So I want to make that very clear, that I will not be taking anybody’s concealed weapons permit or not renewing them. I see no conflict between the two.”[1] The Florida Department of Agriculture, however, will only issue a firearms license if the applicant is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.[2]

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GMP Series Part 2: Building and Design – Authored By:  Michael Sassano and Antonio Guedelha

GMP Series Part 2: Building and Design – Authored By:  Michael Sassano and Antonio Guedelha

In the quest to become GMP compliant, design and flow of your manufacturing facility are critical. Mistakes in the design phase will cost money and eventual time loss, so taking this step seriously and planning to the end for every detail must be a top priority. It’s not enough for an architect to draw out what is needed; other factors, such as the flow of people and product should be considered at every stage of designing your facility. The entire process should be created in such a way to avoid cross contamination and move product and people throughout the facility as safely as possible.

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Wasel & Wasel: Foreign Investments in Lebanon for Medical Cannabis Investors

Wasel & Wasel: Foreign Investments in Lebanon for Medical Cannabis Investors

On 20 April 2020, the Lebanese Parliament passed a law permitting the cultivation, trade, research, and use of medical cannabis. The passing of the law by Lebanon creates an opportunity for leading medical cannabis companies globally to enter the Lebanese market. There are six classes of license applicants including foreign companies licensed in their home jurisdiction. Other opportunities that foreign investors are surveying are partnerships and associations with farmers and enterprises in Lebanon. In this article, we detail information regarding foreign investment in Lebanon that is a consideration for foreign investors interested in the medical cannabis industry in Lebanon.

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Fox Rothschild: The Regulation Of Hemp, Hemp Derivatives And CBD In Animal Product

Fox Rothschild: The Regulation Of Hemp, Hemp Derivatives And CBD In Animal Product

Whether derived from marijuana or hemp, FDA considers CBD products to be drugs if intended for use (including advertisements) in the diagnosis, cure, mitigation, treatment or prevention of disease and/or intended to affect the structure or any function of the body. FDA considers products containing CBD marketed as animal food to be adulterated animal foods and are therefore prohibited pursuant to Section 301(II) of the FD&C Act, 21 U.S.C. 331(II), since the FDA found no evidence that the substance was marketed in food before the drug was approved (has not been approved for use in animals), or before the substantial clinical investigations involving the drug has been instituted. FDA would not consider CBD to be a “food additive” since it has not been generally recognized as safe (GRAS) among qualified experts under the conditions of its intended use, or unless the substance meets a listed exception.

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Bradley: Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis Industry

Bradley: Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis Industry

In a recent Advice Response Memo, the National Labor Relations Board (NLRB) indicated that employees of a cannabis growing operation were exempt from the National Labor Relations Act (NLRA), meaning that the employees were not entitled to the NLRA’s protections. The employees had alleged that the cannabis operation interfered with their attempts to unionize, but the NLRB advised that the two workers fell under the NLRA’s agricultural workers exemption. Therefore, the employees’ claims were not within the NLRB’s jurisdiction.

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Foley Hoag: New Mexico Legalizes on the Heels of New York

Foley Hoag: New Mexico Legalizes on the Heels of New York

New Mexico has recently followed the likes of Arizona, New Jersey, Virginia, and New York in becoming the 17th state to legalize adult use cannabis. Indeed, New Mexico became the second state in 24 hours to legalize adult use cannabis, following New York’s efforts the day before. Specifically, HB 2, passed the Senate and House by a vote of 22-15 and 38-32 respectively.

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Crath Miller & Xistris: Cannabis Legislation comes to New York (March 29, 2021)

Crath Miller & Xistris: Cannabis Legislation comes to New York (March 29, 2021)

As with other jurisdictions, the Cannabis Law attempts to correct the disproportionate impact on certain segments of New York citizens during the time cannabis was criminalized and directs the Cannabis Control Board to ensure at least 50% of all licenses are issued to social and economic equity applicants.  The Social Equity aspect of cannabis decriminalization has been a staple of cannabis laws with varying degrees of success.

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Foley Hoag: New York Adult Use Bill Goes Public: What Licenses Are Available?

Foley Hoag: New York Adult Use Bill Goes Public: What Licenses Are Available?

New York has been the most recent focal point of adult-use legalization activity following news last week that the Governor and Legislature have seemingly come to consensus on an adult use legalization bill. Just this weekend, the New York State Legislature made public its drafts of S854 and A1248, with a goal of passing these bills and signing them into law sometime this week. Admittedly, every state approaches adult-use legalization differently, such as New Jersey utilizing hard caps on the total number of licenses available, Arizona proceeding primarily through its medical operators, or Virginia gradually opening its adult use market over the course of several years (though even that is subject to renegotiation).

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Vincente Sederberg: New York Legalizes Cannabis for Adult Use, Initiates Implementation of Comprehensive Regulatory System and Expansion of Existing Medical and Hemp Programs

Vincente Sederberg: New York Legalizes Cannabis for Adult Use, Initiates Implementation of Comprehensive Regulatory System and Expansion of Existing Medical and Hemp Programs

Gov. Andrew Cuomo signed legislation into law Wednesday legalizing cannabis for adult use and initiating the process of implementing a comprehensive cannabis regulatory system. The bill also expands the existing medical cannabis and hemp programs and aims to repair some of the damage caused by decades of cannabis prohibition.

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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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Jackson Lewis: New York Legalizes Recreational Marijuana

Jackson Lewis: New York Legalizes Recreational Marijuana

New York Governor Andrew Cuomo signed legislation legalizing recreational marijuana on March 31, 2021. The legalized use of marijuana is effective immediately, even though retail sales of marijuana are not expected to begin until mid-2022. This change potentially immediately impacts a New York employer’s ability to take adverse actions against applicants and employees based on recreational marijuana usage.

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Cozen O’Connor: New York State Legalizes Adult-Use Cannabis Through Marijuana Regulation and Taxation Act

Cozen O’Connor: New York State Legalizes Adult-Use Cannabis Through Marijuana Regulation and Taxation Act

Wednesday, Governor Andrew Cuomo signed legislation legalizing adult-use cannabis in New York state for residents 21 and older while establishing a new regulatory system under an Office of Cannabis Management. The Marijuana Regulation and Taxation Act (MRTA) was sponsored in the State Senate by Senator Liz Krueger and in the State Assembly by Assembly Member Crystal Peoples-Stokes.

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