March 2023

Rod Kight: Defamation, Misinformation, and Shooting the Messenger, A THCO Story
On February 13, I posted an article about the DEA’s response to my inquiry regarding the legal status of THCO. As my ...
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Rod Kight: Cannabinoid Breakdown- Analyzing the DEA’s Position on Novel Cannabinoids
Despite its brevity, the DEA letter I received last week about THCO was followed by confusion and lots of speculation in the ...
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Rod Kight: THCO is a Schedule 1 Controlled Substance Says DEA
I have been concerned about the proliferation of THC acetate ester (THCO) for a while. It has always been my ...
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Lisa Pittman: How I put on a Yellowstone Trial and Won!…. Lisa L. Pittman, Pittman Legal, Austin, Texas
The lawsuit was over an alleged breach of contract. My client was sued, not because there was a valid contract ...
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Harris Beach: U.S. District Court Upholds Washington State’s Residency Requirements for Cannabis Industry
When many states, including New York, legalized marijuana, they established residency requirements to ensure state residents receive the financial benefits ...
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Tilleke & Gibbins: Laos Approves Hemp-Related Activities
On December 28, 2022, the Ministry of Health of Laos issued Decision No. 3789/MOH on the Control of Hemp for ...
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Eisner Amper: IRS Says Cannabis Business Owners May Be Eligible for Qualified Business Income Deduction
According to the IRS, cannabis business owners operating as a pass-through entity will likely be able to claim a qualified ...
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Bradley: THC-Oh No! The DEA Classifies Delta-8 and Delta-9 THCO as Controlled Substances
In the summer of August 2022, and again in February 2023, a North Carolina attorney wrote to the Drug Enforcement ...
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McDermott Will & Emery: Doctor-Patient Relationships And Medical Marijuana: Where Are We Now?
Recently, President Joe Biden signed the Medical Marijuana and Cannabidiol Research Expansion Act, which provides a mechanism for industry and ...
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Kaufman & Canoles: DEA Determines THC-O Illegal Under Federal Law
The 2018 Farm Bill, officially known as the Agriculture Improvement Act of 2018, is a comprehensive piece of legislation that ...
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Prince Lobel’s “To-Do” List for CAURD Licensees Prior to Commencing Operation
On January 24, 2023, Prince Lobel client Smacked Village, New York’s first Justice-Involved Conditional Adult-Use Retail Dispensary (CAURD) licensee, successfully opened the state’s ...
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CSB Group: Authority For The Responsible Use Of Cannabis (“ARUC”) Licensing Guidelines
Malta has legalised recreational cannabis for personal use. This law allows the formation of cannabis clubs (or cannabis associations) in ...
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McAfee & Taft: Court upholds firing of marijuana cardholders discharged after positive weed test
Oklahoma and Arkansas have enacted medical marijuana laws with similar features. In Oklahoma, an individual may qualify for a state ...
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Squire Patton Boggs: Bankruptcy Court Dismisses Cannabis Company Employee’s Chapter 13 Case
Last month, the United States Bankruptcy Court for the District of Massachusetts denied confirmation of a cannabis company employee’s Chapter 13 plan ...
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Holland & Hart: Finally, Good News from the IRS: Cannabis Operators Could Be Eligible for the Qualified Business Income Deduction
If you didn’t attend the American Bar Association’s Section of Taxation meeting last week, you may have missed that IRS ...
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Green Light Law Group: Washington’s Cannabis Residency Requirement: Proposed Law Could Change Landscape
The residency requirement for buying a cannabis business in Washington may change this year. The Washington state legislature is considering a pair ...
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Bradley: You Can Go Your Own Way: Washington’s Cannabis License Residency Requirement Upheld, Breaking the Chain of Contrary Decisions
We previously wrote about this dichotomy, suggesting its insanity. While the federal government has not legalized cannabis, it has not thwarted the ...
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MLT Aikins LLP: Trademarking Cannabis Products Before Legalization: A Proactive Step Or An Illegal One?
As businesses in Canada scrambled to market their cannabis products when recreational cannabis use was legalized in 2018 (“Legalization“), some ...
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Cooley: Illegality Doctrine Rejected in Legal Cannabis Patent Case, Confirming Patent Enforceability
As the industry for cannabis that is legal under state and/or federal law continues to expand, a flurry of court ...
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Arnold & Porter: United States: FDA Announces A Path Forward For CBD Consumer Products: A New Regulatory Framework Is Needed
Cannabis industry stakeholders waiting for the US Food and Drug Administration (FDA) to forge a regulatory path forward for cannabidiol ...
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Stark & Stark: Interstate Cannabis Commerce on the Horizon Thanks to California
Despite the proliferation of in-state cannabis businesses and commerce, the sale and transportation of marijuana between and among states, even ...
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Aird Bellis: Quebec Court Dismisses Proposed Class Action Against Cannabis Company
On January 23, 2023, the Quebec Superior Court denied leave to pursue a class action against HEXO Corp. The proposed ...
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