Category: February 2021

Judge Mary A. Celeste (ret.): Has the Marijuana Classification Under the Controlled Substances Act Outlived Its Definition?

Under the Control Substances Act (“CSA”), marijuana is currently scheduled as an “I” drug.[1] In a classification of “V” schedules, “I” is considered the most dangerous because it is deemed to have a “high potential for abuse” and “no medical value.”[2] It ranks alongside other substances such as heroin and phencyclidine (“PCP”), thereby signifying that the federal government considers marijuana more dangerous than cocaine (Schedule II) and Xanax (Schedule IV).

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Coats Rose: Staying CBD Lawsuits Pending FDA Regulation

Plaintiffs’ attorneys across the country are seizing the opportunity to sink their teeth into the vulnerabilities faced by unregulated CBD companies by hitting them with class action lawsuits. The FDA and FTC provide additional fodder through their enforcement actions. CBD companies are using the FDA’s lack of direction to their advantage to pause the crescendo of lawsuits against them for now.

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Snow Hahn: Federal Hemp Rules Finalized; RI Plan Approved

The U.S. Department of Agriculture (USDA) on January 19, 2021 published its finalized federal regulations governing the cultivation of hemp. This comes two years after the crop was legalized at the federal level through the 2018 Farm Bill, which required USDA to develop rules for an industrial hemp program. Since then, USDA has released various proposals, solicited public input and included hemp in several government programs such as those allowing for crop insurance.

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Tilleke & Gibbins: Thailand Opens Licensing for Hemp Production, Import, Export, and Distribution

On January 29, 2021, Thailand will begin processing applications for licenses to produce, import, export, distribute, and possess hemp (Cannabis sativa). The specific requirements for this significant step in Thailand’s ongoing development of a regulatory regime for hemp are contained in the Ministerial Regulation Re: Application and License for Production, Importation, Exportation, Selling or Possession of Hemp, which was published in the Government Gazette on December 30, 2020.

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Chartwell Law: New Precedent Set By the Pennsylvania Commonwealth Court on the Medical Marijuana Act

On October 29, 2020, the Commonwealth Court of Pennsylvania set a new precedent by holding that Pennsylvania’s Medical Marijuana Act (MMA) did not safeguard a medical student from her college’s zero-tolerance drug policy. The court ultimately determined that the MMA did not require a college to accommodate medical marijuana use prescribed pursuant to the MMA, the Pennsylvania Human Relations Act (PHRA), or the Pennsylvania Fair Educational Opportunities Act (PFEOA).

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Harris Beach: NY-Hemp Retail and Distributor License Applications Go Live

On January 26, 2021, the New York Department of Health’s online application portal for prospective hemp retailer and distributors went “live.” The application website warns that “businesses selling cannabinoid hemp products in the state of New York”, both in retail stores and online, must obtain a Cannabinoid Hemp Retail License before sale, and that those products must meet the regulatory standards set forth by the Department of Health. Similarly, the application portal advises out- of-state hemp manufacturers looking to sell to hemp retailers within New York state to obtain a Cannabinoid Hemp Distributor Permit.

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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