In early January, Mexico published regulations for the legal use of medical marijuana, marking a significant move forward in the cannabis space. This is a substantial step in cannabis reform for Mexico and will have a notable impact on the rest of the world as well. While some feel these regulations were long overdue, Mexico’s Ministry of Health’s rules were signed by President Andres Manuel Lopez Obrador on Tuesday, January 12, 2021.
The 2020 elections proved that the nation may be as divided as it has ever been politically. However, based on the election results, Americans seem to be trending towards quite a favorable outlook on cannabis legalization. This sentiment has changed over the years, as recreational marijuana was illegal in all 50 states less than just a decade ago. But what are the recent changes and results of the 2020 elections regarding marijuana legislation? And what does this mean for the cannabis industry as a whole?
Although Texas has a medical marijuana program, as established by the Texas Compassionate Use Act in 2015, only three “Dispensing Organizations” have been granted licenses by the Texas Department of Safety (“DPS”) to cultivate, process, and dispense low-THC cannabis (up to a 0.5 percent THC limit as of the date of this blog) in Texas to prescribed patients. See 37 Tex. Admin. Code § 12.1. Texas is a vertically integrated state, meaning that the Dispensing Organization must cultivate, process, package, and dispense the medical marijuana.
In 2015, the Texas Compassionate Use Act, Senate Bill 339, was enacted, requiring the Texas Department of Public Safety (“DPS”) to create a secure registry for qualified physicians to treat patients suffering from a limited list of medical conditions, such as ALS and intractable epilepsy, with low-THC cannabis. In 2019, the Texas Legislature expanded the Texas Compassionate Use Program (“TCUP”) via House Bill 3703 to include additional medical conditions, e.g., incurable neurodegenerative diseases, and physician specialties in which low-THC cannabis can be prescribed. Moreover, the Compassionate Use Registry of Texas (“CURT”) has been updated in accordance with the expanded TCUP to allow for a simpler process for physicians to register and prescribe low-THC cannabis to their patients.
The Agricultural Improvement Act of 2018 (the “2018 Farm Bill”) established that hemp is to be treated similarly to other legal agricultural commodities and traded in standard interstate commerce as a raw material. However, the 2018 Farm Bill governs only state production programs and specifically permits states to enact more stringent regulations than those contained in the Bill. As a result, legal hemp has facilitated the emergence of a wide array of consumer products and uses. Specifically, smokable hemp has made a significant presence in the cannabis and hemp markets and continues to grow despite the increasing legality of other forms of cannabis that often include higher concentrations of tetrahydrocannabinol (“THC”). Below, we discuss the smokable hemp industry and the legal challenges it faces as it comes to fruition.
As different cannabinoids begin to gain recognition in the hemp and marijuana industries, it is crucial to discuss the legal considerations and challenges facing manufacturers, producers, retailers, and other cannabis-based businesses. In such a new space, promising cannabinoids have the potential to make a significant impact on the market. One of the cannabinoids gaining notable traction is known as cannabinol (“CBN”). Today on the blog, we review its legal status.
In June of 2020, the Financial Crimes Enforcement Network (“FinCEN”) issued updated guidance regarding the Bank Secrecy Act/Anti-Money Laundering (“BSA/AML”) regulations for hemp-related business consumers. Financial institutions must do their due diligence for customers, but especially for hemp-related businesses, as the legalities and recommended practices are continually changing. Additionally, the National Credit Union Administration (“NCUA”) recently put forth further guidance for credit unions serving hemp-related businesses. As the hemp industry continues to progress, the banking industry is actively organizing their expectations and guidelines to keep up and simplify hemp-related interactions. Below, we summarize each of these resources to give you the straightforward essentials.
The booming cannabidiol (CBD) industry is expanding at a rapid rate and shows no signs of slowing down. The legal cannabis industry also continues to make new strides, as cannabis advocates, reform groups, lobbyists, and lawyers remain active in legislative efforts. As time progresses, more states are adapting and adjusting their respective policies. Cannabis and hemp products, including those which contain hemp-derived CBD, are becoming less taboo and these products are now more legally accessible than ever before.
Delta-8 tetrahydrocannabinol (“delta-8 THC” or “Δ8THC”) is one of over one-hundred cannabinoids in the cannabis plant and it occurs in extremely small concentrations. According to the National Cancer Institute, delta-8 THC is defined as
Over the past decade, a growing number of states have enacted marijuana legalization laws or have moved toward discretionary or non-enforcement policies for marijuana offenses, resulting in an overall decrease in arrests related to the substance. But how do the numbers differ from area to area or from race to race? Earlier this year, the American Civil Liberties Union (the “ACLU”) detailed a research report entitled A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform to examine racial disparities at a national, state, and county level regarding marijuana enforcement. Below, we take a closer look at the report and provide a detailed overview to further explore marijuana culture in the United States.