Cannabis

September 24, 2020

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Vermont moves closer to legalized cannabis sales. The House delayed a vote on the MORE Act. The DEA faces a lawsuit over their hemp rule. Plaintiffs dropped a suit over Illinois’ marijuana licensing. Will descheduling appear on the Supreme Court’s docket? The USDA’s relief aid program opens to hemp growers. The Alliance for Sensible Markets wants…

Cannabis Legal Highlights

Dispensary’s Violation of Zoning Ordinance Limiting Medical Marijuana Cultivation Did Not Justify Seizure of Dispensary’s Medical Marijuana

By Auria Maleksalehi

September 23, 2020

The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants “contraband” per se and subject to seizure. Granny Purps, Inc. v County of Santa Cruz, 54 Cal.App.5th 1 (2020). Read the full article on our sister blog California Land Use & Development Law Report.…

Marijuana Law, Policy & Reform

Is South Dakota soon to become the first deep-red mainland state to fully legalize marijuana?

By Douglas A. Berman

September 22, 2020

The question in the title of this post is prompted by this new Marijuana Moment piece headlined “South Dakota Voters Support Medical And Recreational Marijuana Initiatives, New Opposition Poll Finds.” Here are excerpts: A majority of South Dakota voters support separate initiatives to allow both medical and recreational marijuana that……

Kight on Cannabis

HIA and RE Botanicals Sue DEA Over Hemp Rule

By Rod Kight

September 21, 2020

https-cannabusiness-law-wp-content-uploads-dc-circuit-court-of-appeals-420x280-jpg

HIA and RE Botanicals filed a legal action against the DEA on Friday regarding the Interim Final Rule it issued on August 21, 2020. We are proud to be part of the legal team. Continue reading “HIA and RE Botanicals Sue DEA Over Hemp Rule”… The post HIA and RE Botanicals Sue DEA Over Hemp Rule first appeared on Kight on Cannabis.…

Cannabis & the Law

Vermont Moving Toward Legalizing Recreational Marijuana

By Stephen Bartlett

September 21, 2020

The Green Mountain state has taken a significant step toward legalizing recreational cannabis. On September 17, 2020, the Vermont House of Representatives adopted the Conference Committee report for S.B. 54, an act relating to the regulation of cannabis. The Conference Committee has had custody of the bill since early this year and was tasked with reconciling the significant differences between the bill and a similarly-intentioned, but substantively different, bill passed by the Senate in…

The Blunt Truth

The Week in Weed: September 18, 2020

By Susan Ryan

September 17, 2020

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. It’s the end of the road for Nebraska’s medical marijuana ballot initiative. Vermont seems likely to legalize cannabis sales. The MORE Act vote may be postponed. The IRS issued tax guidance for marijuana companies. The EU may classify CBD as a narcotic – an industry group is not happy. The wildfires are consuming cannabis farms, and…

Cannabis Law Now

The DEA’s Interim Final Rule and its Impact on the Industrial Hemp Industry

By Steve Levine, Seth Mailhot, Emily Lyons & Megan Herr

September 17, 2020

On August 20, 2020, the Drug Enforcement Administration (“DEA”) published an Interim Final Rule on industrial hemp and hemp derivatives (the “Interim Rule”), which immediately went into effect, to conform DEA regulations with the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”). As we previously discussed, the 2018 Farm Bill effectively removed industrial hemp from the definition of “marijuana” in the Controlled Substances Act (CSA). Additionally, tetrahydrocannabinols contained in industrial hemp, such as Cannabidiol…

The Blunt Truth

Can We Be Buds? Join Us

By Susan Ryan

September 15, 2020

For those interested in cannabis industry events, Seyfarth attorneys will be participating in the following webinar programs and we invite you to join. Thursday, October 1 – “CBD News You Can Use: FDA’s Progress and Other Updates” hosted by Seyfarth This program offers an overview of the distinction between cannabis, hemp, marijuana, and CBD; a look at FDA’s regulatory activity over the past year; the FDA and FTC’s 2020 enforcement activity and consumer driven litigation;…

Cannabis & the Law

Illinois Adult Use Licensing Decision Draws Legal Challenge

By Jeremy Meisinger

September 15, 2020

Illinois’ widely-watched application process for handing out 75 adult-use cannabis dispensary licenses has now wound up in federal court, following the September 4, 2020 filing of a lawsuit by several unsuccessful applicants. The state on September 3, 2020 announced its intention to complete the licensing process – which had already been delayed several months – through a lottery including 21 of the roughly 700 dispensary applicants. Many of the plaintiff applicants are owned by veterans,…

IRS Allows Reduction of Gross Receipts For State-Legal Cannabis Businesses

By R. Lance Boldrey, Richard L. Lieberman, Scott R. Kocienski & Nardeen Dalli

September 15, 2020

On Saturday, September 12, 2020, the Internal Revenue Service (“IRS”) updated a marijuana industry frequently asked questions (“FAQ”) page that provides relief to state-legal cannabis businesses. The FAQ announces that state-legal cannabis businesses can reduce their gross receipts by using an alternative accounting method under Section 471 of the Internal Revenue Code (the “Code”). Read More › Tags:…