August 2021

August 2021

Tilleke & Gibbins: Thailand Decriminalizes Kratom in Amended Narcotics Act

Tilleke & Gibbins: Thailand Decriminalizes Kratom in Amended Narcotics Act

Recently enacted Thai legislation has removed Mitragyna speciosa, commonly known as “kratom,” from the list of controlled narcotics under the Narcotics Act B.E. 2522 (1972), effectively decriminalizing the consumption, production, disposal, import, export, and possession of kratom, for any purpose and in any quantity or form, effective August 24, 2021. The Narcotics Act (No. 8) B.E. 2564 (2021) was published in the Government Gazette on May 26, 2021, and will come into effect 90 days later. This change comes some two years after Thailand allowed the use of cannabis and kratom for medical purposes with the Narcotics Act (No. 7) B.E. 2562 (2019).

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Tilleke & Gibbins: Lao Peoples Democratic Republic: Outlook For Cannabis Liberalization And CBD Market Authorization In Laos

Tilleke & Gibbins: Lao Peoples Democratic Republic: Outlook For Cannabis Liberalization And CBD Market Authorization In Laos

The authorities in Laos are likewise looking into the possibility of opening up some of the country’s strict prohibitions on CBD and medical cannabis. However, little has been done so far, and consumption, production, and commercial use of cannabis-including cultivation and commercialization of hemp-related products-remain strictly prohibited. Those who market products related to hemp or CBD in Laos currently risk criminal or civil liabilities.

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Michael Minardi – Minardi Law: The Good, The Bad, and The Ugly

Michael Minardi – Minardi Law: The Good, The Bad, and The Ugly

It is amazing that almost 4 years has passed since licenses were required to be issued under our medical marijuana amendment, now Article X. section 29 of the Florida constitution.  The ups and finally downs of the Florigrown lawsuit, with every court besides the Supreme Court, ruling the laws enacted were unconstitutional brings us to this point.  

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Luis Armendariz: Mexico Cannabis Update: Rights Advance, Regulation Stalls

Luis Armendariz: Mexico Cannabis Update: Rights Advance, Regulation Stalls

The Federal Cannabis Legalization Bill (the “Bill”) made progress throughout the past couple of years until it was approved by the Senate on November 19, 2020. It was subsequently sent to the Chamber of Deputies, where some substantial changes were made. Said Lower Chamber approved the Bill on March 10, 2021 and returned it to the Senate for review, discussion and final vote.

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Pillsbury: Insurance Considerations for Cannabis Delivery Services

Pillsbury: Insurance Considerations for Cannabis Delivery Services

As consumer demand for more shopping and delivery options increase, and cannabis delivery services multiply, cannabis businesses should review their insurance policies to ensure they have sufficient coverage for their operations. The following list identifies some insurance coverage options cannabis delivery services may want to consider.

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Bradley Arant Boult Cummings LLP: Applying for a License to Cultivate Medical Cannabis in Alabama

Bradley Arant Boult Cummings LLP: Applying for a License to Cultivate Medical Cannabis in Alabama

Alabama became the 36th state to allow cannabis for medical use when Gov. Kay Ivey signed into law the Darren Wesley ‘Ato’ Hall Compassion Act on May 17, 2021. The act establishes a process through which applicants will compete for a limited number of licenses in the following categories: (1) cultivator; (2) processor; (3) dispensary; and (4) “integrated facility” (which can cultivate, process, transport, and dispense medical cannabis under one license), as well as a to-be-determined number of licenses for secure transporters and testing laboratories. A 14-member Medical Cannabis Commission licenses and regulates the medical cannabis program, with input from the Alabama Department of Agriculture and Industries on cultivation matters. The act requires that the Commission and the department adopt regulations that allow license applications by September 1, 2022.

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Jackson Lewis: Marijuana Use Laws Budding In Virginia On July 1, 2021

Jackson Lewis: Marijuana Use Laws Budding In Virginia On July 1, 2021

Consistent with legislative trends, Virginia weighed in further on the nationwide marijuana debate by enacting two new comprehensive cannabis-related laws. The first prohibits discipline for employee’s medical use of cannabis oil. The second is an omnibus bill permitting all individuals over the age of 21 to lawfully possess recreational marijuana. All provisions go into effect on July 1, 2021.

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Davis Wright Tremaine: California Court Bans Cannabis Billboard Advertising On All Highways That Cross State Line

Davis Wright Tremaine: California Court Bans Cannabis Billboard Advertising On All Highways That Cross State Line

The San Luis Obispo County Superior Court recently granted a petition to ban almost all outdoor cannabis advertising on more than 4,000 miles of California highways. The case was brought by county resident Matthew Farmer, who claimed the Bureau of Cannabis Control’s (BCC) interpretation of Proposition 64 would unnecessarily expose him and his teenage children to cannabis advertising. Farmer v. Bureau of Cannabis Control, No. 19-cv-0597 (San Luis Obispo Super. Ct.).

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Corral Rosales: Ecuador: The Cannabis And Hemp Industry Generates Expectations In Ecuador

Corral Rosales: Ecuador: The Cannabis And Hemp Industry Generates Expectations In Ecuador

December 2019 was a month of legal changes in Ecuador. First, the Organic Law Reforming the Comprehensive Organic Criminal Code was published. Still, it was not until June 2020 that it came into force, reforming the Organic Law for the Comprehensive Prevention of the Socioeconomic Phenomenon of Drugs and the Regulation and Control of the Use of Listed Substances Subject to Control. The magazine Industria Legal dedicates a page to the information offered about this matter by our expert partner in Regulatory Law, Felipe Samaniego since this reform gave way to Ecuador’s new cannabis and hemp industry.

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Cultiva Law: DEA Now Allowing Growers To Produce Marijuana For Research

Cultiva Law: DEA Now Allowing Growers To Produce Marijuana For Research

In a move that could signal a change in the U.S. Drug Enforcement Agency’s approach, the DEA has notified marijuana grower applicants that they soon will be able to register as authorized entities to produce marijuana for research purposes. Prior to this announcement, there was only one DEA-approved supplier of cannabis for research purposes in the entire country. That supplier, the National Center for the Development of Natural Products at the University of Mississippi, produced marijuana exclusively for the National Institute on Drug Abuse’s research.

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Womble Bond Dickinson: While Legislative Hurdles Remain, We Take a Look at North Carolina’s Medical Marijuana Bill

Womble Bond Dickinson: While Legislative Hurdles Remain, We Take a Look at North Carolina’s Medical Marijuana Bill

North Carolina’s move to join the overwhelming majority of states that have legalized the use of medical marijuana recently took a small, but necessary step as the North Carolina Compassionate Care Act was advanced by the Senate Judiciary Committee on June 30.  Next, it will face the Senate Finance Committee on July 13 and must clear the Finance, Health Care, and Rules and Operations committees before a potential Senate floor vote.

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Partridge Snow Hahn LLP: U.S. Supreme Court Justice Says Current Federal Cannabis Prohibition is “Contradictory and Unstable”

Partridge Snow Hahn LLP: U.S. Supreme Court Justice Says Current Federal Cannabis Prohibition is “Contradictory and Unstable”

Last month, the U.S. Supreme Court denied review of a case out of Colorado dealing with a medical marijuana dispensary’s challenge to a tax code provision. After denying review, Justice Thomas—one of the Court’s most conservative members and one not known for offering unsolicited political or legal opinions—issued a statement indicating that, with an increasing number of states legalizing marijuana, “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 then went even further, describing the Colorado case that the Court declined to hear as a prime example of the fact that marijuana businesses do not experience “equal treatment” under the law.

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Vincente Sederberg: Cannabis Administration And Opportunity Act: What The Proposed Federal Cannabis Laws Would Mean For Hemp

Vincente Sederberg: Cannabis Administration And Opportunity Act: What The Proposed Federal Cannabis Laws Would Mean For Hemp

On July 14, 2021, Senators Chuck Schumer (D-NY), Ron Wyden (D-OR), and Cory Booker (D-NJ) released the discussion draft of historic federal cannabis legalization legislation, the Cannabis Administration and Opportunity Act (CAOA). The CAOA would not only end cannabis prohibition but would also establish a regulatory framework for cannabis under the U.S. Food and Drug Administration (FDA) and the Alcohol and Tobacco Tax and Trade Bureau (TTB). It also includes comprehensive restorative justice provisions, including grants, loans, and other funding programs for disadvantaged and minority businesses, record expungement, petitions for resentencing, and other measures intended to repair the decades of harm caused by the War on Drugs.

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Carter Ledyard: United States: Hemp And CBD Regulation: Beyond Delta-8 THC

Carter Ledyard: United States: Hemp And CBD Regulation: Beyond Delta-8 THC

To a large extent legalization of adult-use cannabis, including New York’s passage of the Marijuana Regulation and Taxation Act of 2021 (MRTA), has eclipsed other developments in the cannabis sector over the past year. A notable exception has been the crackdown on Delta-8 THC, which is derived from hemp. Several states, including New York, have moved to ban the manufacture and sale of the substance.

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Seyfarth: Iowa Supreme Court Takes on Employer Drug Testing Practices

Seyfarth: Iowa Supreme Court Takes on Employer Drug Testing Practices

On June 25, 2021, concluding that Iowa’s comprehensive drug testing statute requires employers to “substantially” comply with its mandates, the Iowa Supreme Court issued two separate decisions finding that employers violated the statute after terminating employees in response to failed drug tests. The decisions serve as important reminders to employers to ensure their drug testing policies and practices can withstand scrutiny in any jurisdiction.

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Green Light Law Group:  Oregon Senate Approves Sales Tax Hike on Marijuana Consumers

Green Light Law Group: Oregon Senate Approves Sales Tax Hike on Marijuana Consumers

On June 23, 2021, the Oregon Senate approved on a vote of 23-6 a measure, SB 864, that if passed by the House of Representatives and signed by Governor Kate Brown will allow cities and counties to raise their portion of the sales tax on marijuana items sold in recreational dispensaries from 3%, as allowed under current law, to 10%. This means that the total tax applied at the time of sale could increase from 20% to 27%, representing a 35% tax hike to Oregon recreational cannabis consumers.

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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