February 2021

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

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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Guyer & Regules:  Cannabis Regulation in Uruguay

Guyer & Regules: Cannabis Regulation in Uruguay

On January 7th of 2014 through Laws N° 19.172[1], Uruguay became one of first countries of Latin America to allow and regulate the use of recreational cannabis and for medical and research purpose. In this sense the Government create a legal framework for cannabis by creating the Laws N° 19.172 and modifying the Law N° 14.294[2] knows as the Narcotics Law.  

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Baker & McKenzie: Cannabis Outlook: What’s on the Horizon?

Baker & McKenzie: Cannabis Outlook: What’s on the Horizon?

As we approach the second anniversary of the historic amendment of the Thai Narcotics Act to allow the use of cannabis for medical purposes for the very first time in Thailand, the first country in Southeast Asia to do so, we take this opportunity to assess and forecast the outlook for the cannabis industry in Thailand and the region.

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Coats Rose: Staying CBD Lawsuits Pending FDA Regulation

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

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

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

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

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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Troutman Pepper: USA: Tobacco & Cannabis Policy in 2021

Troutman Pepper: USA: Tobacco & Cannabis Policy in 2021

The Biden administration and Democratic majorities in both the Senate and House could implement significant changes to federal tobacco and cannabis policy over the next two years. For tobacco, the change in party control of the White House and Senate will likely revive the debate around electronic nicotine delivery systems (ENDS) products. For cannabis, the policy may shift toward outright reform (such as federal decriminalization or legalization), federal taxation, or the enactment of legislation beneficial to the cannabis industry.

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Bradley: Alabama on the Brink of Adopting Medical Cannabis

Bradley: Alabama on the Brink of Adopting Medical Cannabis

When Alabama’s Legislature convenes for its annual session on February 2, lawmakers will once again be asked to consider a bill that would provide certain Alabamians with access to medical cannabis. And this time, supporters of the legislation will look west towards neighboring Mississippi, where last November voters overwhelmingly approved a medical cannabis initiative that will provide for a state regime to regulate the cultivation, production and sale of medical cannabis to patients with qualifying conditions.

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Hodgson Russ: What’s New in the Cannabis Regulation and Taxation Act of 2021?

Hodgson Russ: What’s New in the Cannabis Regulation and Taxation Act of 2021?

On January 19, 2021, as part of his budget request for 2021, New York State Governor Cuomo released his proposed cannabis legislation. Cuomo has twice before attempted to enact the policy change through previous budgets, but both times his efforts have failed. As for his third attempt, the administration and legislatures seem more confident that the legislation will advance. While a significant portion of the current bill reflects previous versions, there are some differences of note.

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Buscher Law: The MORE Act: Preparing for a New Cannabis Regulatory Regime

Buscher Law: The MORE Act: Preparing for a New Cannabis Regulatory Regime

On December 4, 2020, the House passed H.R. 3884 (https://www.congress.gov/bill/116th-congress/house-bill/3884), the Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019. If enacted, the MORE Act would make sweeping changes to federal law to decriminalize and deschedule marijuana entirely. Most notably, it removes “marijuana” and “tetrahydrocannabinols” from the federal Controlled Substances Act (CSA) and amends the Internal Revenue Code to regulate marijuana like tobacco

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Countries with the Most-Friendly Psychedelics Environments

Countries with the Most-Friendly Psychedelics Environments

Laws guiding the use of psychedelics are complex and murky in many countries. Even in many countries where these substances are freely used and sold, there are still various regulations restricting their exclusive consumption and possession. This begs the question: are there countries where psychedelics are legal or decriminalized? This article looks at five different countries with relaxed psychedelic laws.

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Joslyn Law Firm: The Largest Racial Disparities in Marijuana Possession Arrests Across the U.S.

Joslyn Law Firm: The Largest Racial Disparities in Marijuana Possession Arrests Across the U.S.

Where in the United States are black people more likely to be arrested for marijuana possession than white people? Using data from an analysis conducted by the ACLU, we found the 50 counties where racial disparities are the largest when it comes to marijuana arrests. One county in Georgia was found to have an extreme racial disparity in their arrest rates, with black people being 97.2 times more likely to be arrested for possession of marijuana.

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iComply: Reducing Product Liability through Compliance and Standards

iComply: Reducing Product Liability through Compliance and Standards

In general, defective and dangerous products account for thousands of injuries every year in the U.S. The legal rules concerning who is responsible for defective or dangerous products have been in existence since the industrial revolution with unique differences from ordinary injury law. In fact, the rules in product liability sometimes makes it easier for an injured person to recover damages. Further, this entire case of law applies to the cannabis industry despite only a decade of its modern existence.

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