CBD And Hemp Legal And Regulatory Roundup – March 18, 2022 – Cannabis & Hemp – United States

Welcome to our weekly roundup of CBD and hemp-related legal
and regulatory news:

CBD

Calif.-based CBD retailer, manufacturer denied
Rule 11 sanctions against wellness company

U.S. Magistrate Judge William Matthewman found Medterra CBD and Rejuvenol
Laboratories didn’t meet their “very high burden” of
establishing Rule 11 sanctions against Healthcare Resources
Management Group were warranted. Judge Matthewman noted Rule 11 is
meant to deter baseless filings, however, just because the record
evidence failed to establish a triable issue against Medterra and
Rejuvenol, that isn’t sufficient to make specific findings of
Rule 11 bad faith conduct. Law 360 (sub. req.)

Hemp

Va. bill places hemp stores, farmers at risk of
losing business

A bill heading to Gov. Glenn Youngkin’s (R) desk could
criminalize the use and distribution of CBD products and
potentially hurt hemp farmers, if passed. The Virginia Hemp
Coalition is urging Youngkin to amend SB 591 to avoid thousands of Va.
businesses from crashing. Advocates said the bill contradicts
federal law, which currently allows hemp products to be sold with
0.3% Delta 9 THC. The bill was introduced by Sen. Emmett Hanger
(R), who grew concerned upon learning of kids being hospitalized in
Va. after accidental ingestion of cannabis. Marijuana Moment

Minn. regulator clarifies trace amounts of Delta-9
in hemp is not marijuana

Hemp industry advocates applauded a decision by the Minn. Board
of Pharmacy saying trace amounts of Delta-9 found in hemp products
don’t violate the CSA. The conclusion addresses an issue raised
by a Minn. Court of Appeals decision in Sept. State and federal law
determine hemp is legal so long as it contains less than 0.3%
Delta-9. However, the appeals court upended that definition and
said the distinction between marijuana and hemp stops at the
plant. Star Tribune.

N.Y. opens online applications for cannabis
licensing to hemp farmers

Gov. Kathy Hochul (D) opened applications for hemp farmers
looking to obtain a license to grow adult-use cannabis in the state
through the state’s Seeding Opportunity Initiative. The
initiative, she said, “will create meaningful opportunities
for economic empowerment for New York farmers and impacted
communities.” The application portal advances what Hochul is
calling the first-in-the-nation program intended to jumpstart the
cannabis industry, allowing those with cannabis-related offences to
be able to sell products grown in N.Y. WHAM.

Atlanta law firm seeks court order declaring
chemical related to intoxicating ingredient in marijuana is
legal

Pate, Johnson & Church filed the suit in response to DA
Patsy Austin-Gatson’s statement that the possession, sale or
distribution of Delta-8 is illegal under state law. The suit claims
the DA interpreted “hemp” and “hemp products”
incorrectly under state law. In addition to a declaration that
Delta-8 and Delta-10 products are legal, the firm is seeking a
court order prohibiting Austin-Gatson and the state from
prosecuting business owners for selling them. Fox 5 Atlanta.

Cannabis

Most regulation of hemp in Mich. will transfer to
Cannabis Regulatory Agency

The Michigan Department of Agriculture and Rural Development
(MDARD) currently regulates hemp, however, effective Apr. 13,
responsibility for hemp regulation will turn over to the Marijuana
Regulatory Agency, which becomes the Cannabis Regulatory Agency.
Authority over hemp processors and handlers, under the Industrial
Hemp Research and Development Act, will shift to the new CRA as
well, but MDARD will continue to oversee hemp cultivation. The Daily Reporter.

Pa. hospital faces discrimination lawsuit for
cancelled job offer over medical marijuana use

Kayla Rivera filed a lawsuit against St. Luke’s Physician
Group, alleging violations of the Americans with Disabilities Act
and Pa.’s Medical Marijuana Act. Rivera’s complaint notes that she suffers from
PTSD and anxiety disorders and she was certified by a medical
physician to use medical marijuana in the evenings so she
wouldn’t be impaired during the daytime. Rivera was offered
employment at the center as a receptionist, contingent upon a drug
test and medical examination. She received a positive test for
marijuana, and the next day, she provided a St. Luke’s
substance abuse coordinator with a copy of her medical marijuana
card. When Rivera inquired a few days later about starting her
employment, she received a letter notifying her that the employment
offer had been withdrawn. Law 360 (sub. req.)

Federal transportation agency proposes new
marijuana testing method

Current DOT policy mandates urine testing for marijuana, which
advocates and experts view as problematic because THC metabolites
can appear in a person’s urine for weeks or months after
consumption, resulting in false positive results for people who are
not actually impaired on the job. The practice of forcing workers
to urinate in a collection jar is also viewed as a potentially
invasive procedure. In a notice, the department is recommends testing
of oral saliva be added as an alternate option. According to the
DOT, THC is generally detectable in saliva anywhere from one to 24
hours after use. Marijuana Moment

Ill. obtains court order to award 60 additional
craft cannabis growing licenses

Sangamon County Judge Gail Noll lifted the injunction that held
up awarding the licenses until litigation was settled, allowing the
state cannabis regulator to award 60 additional craft cannabis
growing licenses. The Ill. Department of Agriculture issued a
statement that it’s evaluating the ruling “to determine
the best way to move forward as quickly and efficiently as possible
while maintaining our commitment to a fair and equitable licensing
process.” Craft growers see the decision as a major victory
for applicants trying to get started in the business. Chicago Tribune (sub. req.)

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