USDA Publishes Draft Rules for Hemp Industry
Friends, This morning, the U.S. Department of Agriculture (USDA) distributed a Draft Interim Final Rule to govern the hemp industry. This long-anticipated rule sets the stage for further federal and state regulation of the hemp industry. Once effective, the rule will govern how state and tribal hemp plans will be evaluated and approved by the […]
October 29, 2019
MED Proposes Rules Affecting Marijuana Vaping Devices
Friends, What some have called the “national vaping crisis” has led to rulemaking by the Colorado Marijuana Enforcement Division (the “MED”). In Colorado alone there have been nine reported cases of vaping related illnesses resulting in seven hospitalizations, according to the Colorado Department of Public Health and Environment. Some Colorado cannabis industry stakeholders favor more […]
October 24, 2019
MED Enforcement Actions 2018-19
Friends, McAllister Garfield is a leading regulatory enforcement law firm in both CO and CA. Each year, the Firm inventories the regulatory enforcement cases brought in the past year. 2018 was an eventful year for the Colorado Marijuana Enforcement Division (the “MED”) and industry participants regarding enforcement actions. From January 1 until December 31, the […]
October 20, 2019
Yes, Cannabis Businesses Are Required to Comply with Other Federal Law
Friends, Once again, a cannabis-related business has tried and failed to convince a court it need not follow other federal law because it violates the Controlled Substances Act (the “CSA”). On September 20, 2019, the United States Court of Appeals for the Tenth Circuit in Denver held that employers operating in the cannabis industry must […]
September 24, 2019
MED ISSUES GUIDANCE ON EMERGENCY RULES FOR “PUBCO” BILL
Friends, On September 3, the Colorado Marijuana Enforcement Division (the “MED”) issued guidance FOR the emergency rules implementing HB-1090, commonly known as the “Pubco Bill,” which goes into effect November 1. Much of the publicity and activity concerning implementation of HB-1090 and the emergency rules has focused on publicly traded entities and private equity funds […]
September 6, 2019
Hemp Banking Developments
Friends, This month, the National Credit Union Administration (the “NCUA”) issued guidance to federally insured credit unions for banking hemp businesses. The guidance provides some parameters for credit unions banking hemp businesses. The NCUA guidance requires any credit union providing services to hemp businesses to conduct due diligence on hemp businesses, and ensure that there […]
August 30, 2019
Los Angeles Announces Opening of Cannabis Retail Application Window
Friends, The Los Angeles Department of Cannabis Regulation announced the opening of Phase 3 Round 1 of retail licensing for the City of Los Angeles for 10:00 a.m. Pacific on Tuesday, September 3. Only storefront retail licenses will be available in this round of licensing. The City will process applicants on a first-to-file basis, and only the first […]
August 21, 2019
MED Adopts Emergency Rules for Pubco Bill
Friends, On August 1, as expected, the Colorado Marijuana Enforcement Division (the “MED”) adopted emergency rules to implement HB-1090, commonly known as the “Pubco Bill,” passed by the Colorado Legislature in May to expand ownership of licensed cannabis businesses to public traded entities, venture capital, and private equity beginning November 1. The emergency rules extensively […]
August 5, 2019
Air Quality and Cannabis Extraction in Colorado
Companies involved in the extraction and manufacture of products from Cannabis sativa L. (hemp or marijuana) are subject to regulation by the Colorado Department of Public Health and Environment (CDPHE) – especially large operators working with chemical solvents and hydrocarbon extraction like butane and propane. The release of emissions into the air from extraction and […]
August 1, 2019
Illinois Cannabis Legalization – Summary of HB-1438
Following the Governor’s signature on June 25, 2019, Illinois is now the second Midwestern state to legalize adult use cannabis. The new law allows adults 21+ to possess up to 30 grams of cannabis, 500 mgs of THC-infused edibles, and 5 grams of cannabis concentrates, cumulatively, with out-of-state residents limited to half of those amounts. […]
July 11, 2019