A hard lesson was learned after cannabis was discovered in a suitcase at the airport: the government does not have to prove cannabis is marijuana to convict you of trafficking in marijuana. A new case recently clarified that the legal burden shifts and requires the accused to produce evidence that
Continue Reading Hemp in Your Suitcase Can Get You Convicted of Trafficking in Marijuana
On October 6, 2022, President Biden took his first steps to overhaul federal policy on marijuana. In doing so, he pardoned individuals with federal offenses for simple marijuana possession and initiated review as to how the drug is classified.
Continue Reading Biden Speaks Bluntly About Marijuana Reform
Delta-8 THC (tetrahydrocannabinol) has taken the cannabis industry by storm. Despite falling into a legal gray area, the Delta-8 THC compound is exploding in popularity with consumers throughout the country since late 2019, resulting in disruptions in both the CBD and Delta-9 THC markets and legislative action by some states
Continue Reading Is Delta-8 THC Legal in My State?One of the key policy concerns regarding the federal legalization of cannabis centers on the public safety risk of drugged drivers. Not only do scientists and lawmakers disagree about the legally determined limit to which THC found in blood, breath, or saliva would constitute impairment, but to date no effective
Continue Reading Roadside Drug Testing Expands with Help of New TechnologiesThe rules regarding mailing CBD and hemp-based products have changed. In June 2019, the United States Postal Service (USPS) released new mailing standards for “products derived from cannabis and industrial hemp” in light of Congressional and Departmental clarification that interstate commerce of hemp is expressly permitted. The USPS apparently intended
Continue Reading Mailing CBD and Hemp-Based Products Just Got EasierIn our previous post, we discussed general rules applicable to the transportation of cannabis both across and within state lines. Here, we discuss the issue of who is responsible when an accident happens – or worse, an intentional wrongful act is committed – by an employee driver or a
Continue Reading Employer Liability for Employees’ ActsSome of the most commonly asked questions by cannabis business owners and operators, as well as consumers, involve the transportation of marijuana and the applicable laws, as well as the division of liability between the business owner and the driver.
Transportation of marijuana is highly regulated. The transportation of marijuana across
Continue Reading The Transportation of Marijuana Within and Across State LinesThis article was published in Marijuana Venture Magazine in July 2018.
Marijuana used to land you in jail; now it can land you on the Forbes list. However, while states across the country are decriminalizing cannabis and instituting their own medicinal and recreational
Continue Reading Marijuana Criminal Justice Reform Makes Slow ProgressThis article was first published in Marijuana Venture Magazine in June 2018.
The 9th Circuit Court of Appeals issued its decision in Hemp Industries Association, et al. v. U.S. Drug Enforcement Administration (Case No. 17-70162), siding against industry
Continue Reading DEA Classification of CBD Survives LawsuitOn Friday, the U.S. Attorney for the District of Oregon, Billy Williams, issued a memorandum titled “Priorities in Enforcement of Federal laws Involving Marijuana in the District of Oregon.” The memo explains that changes are afoot in enforcement policies and practices with respect to federal marijuana laws in Oregon.
Continue Reading Overproduction, Diversion, and the “New” Marijuana Black Market