Traveling by Air With CBD-Can You?

Traveling by Air With CBD-Can You?

CBD has swiftly made its way into every aspect of daily life including air travel. Rules and regulations concerning traveling with CBD onto planes and into airports are unclear.

CBD is legal in some states and the TSA is a federally ran agency with airports subject to federal laws and marijuana is still considered federally illegal.

The TSA has the authority to ban or stop a traveler with edibles, dried flower or any forms of “marijuana” that contain a certain amount of THC.

According to the DEA and FDA, The CBD made from hemp is not considered to be the same as psychoactive marijuana. The agency suggests that if the THC content in the CBD oil is below 0.3 percent, no legal action will be taken place.

Some CBD oil is sold in medical dispensaries and is often THC concentrations can be detected easier and test at a higher level making the source of the CBD illegal under federal law.

It is said that according to the Drug Enforcement Agency (DEA), along with the Food and Drug Administration (FDA) when it comes to traveling with CBD oil, it must contain THC content below 0.3% to be cleared.

Even though the 2018 Farm Bill made Hemp legal on the Federal level, individual states can still elect to make the sale and possession of CBD illegal.

The Transport Security Administration (TSA) regulations are required to report any speculated violations of law if they encounter one. Read the TSA What can I Bring.

“Meaning an extract containing one or more cannabinoids that have been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plants(58) Marihuana Extract–7350”-DEA.

Bottom Line – You can but you can’t…You are on your own and at the mercy of the location, the agency and the agents you encounter along your travels.

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Federal Marijuana Revenue and Regulation Act – The 420 Bill

Federal Marijuana Revenue and Regulation Act – The 420 Bill

Marijuana could become legal federally thanks to a bill that would make it legal and regulate it like alcohol. The bill was introduced by Democratic Sen. Ron Wyden of Oregon.

According to the new bill, the Marijuana Revenue and Regulation Act has been given the surname of S. 420 by Wyden and is a companion measure to H.R. 420, which was initially introduced in the House of Representatives by fellow Oregon Democrat Rep. Earl Blumenauer back in March.

A spokesperson for the Senate Finance Committee announced that the new bill aims to “responsibly legalize, tax, and regulate marijuana at the federal level,” according to multiple reports. During a press conference on Friday Wyden explained that ” the time is now for marijuana reform at the national level.”

“The federal prohibition of marijuana is wrong, plain and simple. Too many lives have been wasted, and too many economic opportunities have been missed,” Wyden declared. “It’s time Congress makes the changes Oregonians and Americans across the country are demanding.”

 “Oregon has been and continues to be a leader in commonsense marijuana policies, and the federal government must catch up,” Blumenauer explained.

“The American people have elected the most pro-cannabis Congress in American history, and significant pieces of legislation are being introduced. The House is doing its work, and with the help of Senator Wyden’s leadership in the Senate, we will break through.”

The new bill is part of a package of laws that are aimed to reform federal cannabis policy, put in place by Wyden and Blumenauer as the Path to Marijuana Reform.

These include the Small Business Tax Equity Act to repeal provisions of the tax code that deny cannabis business the right to take the fair tax deductions as would any company in other industries.

The Responsibly Addressing the Marijuana Policy Gap Act would diminish any federal criminal penalties and civil assets forfeiture for individuals and business complying with the states law.

Under the new bill, it would allow marijuana businesses the legal right to access banking, bankruptcy protection, marijuana research, and advertising.

The bill also includes an expungement process for some marijuana convictions, the approval for some financial aid and even placement within federal housing.

The bill would also give all veterans legal access to medical marijuana programs in any state and would protect Native Americans from prosecution under federal marijuana laws.

State and Local Regulatory Licensing and Compliance

Our business law and regulatory attorneys have assisted to facilitate businesses and individuals navigate the complex and ever changing commercial cannabis licensing and regulation landscape.

To schedule your consultation with Komorn Law regarding licensing
Call our Office at 800-656-3557

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Marijuana Regulatory Agency Addresses Recent Court Decisions

Marijuana Regulatory Agency Addresses Recent Court Decisions

May 2, 2019 – As of April 30, 2019, the Marijuana Regulatory Agency (MRA) was established via Governor Whitmer’s Executive Order 2019-7. Over the next several weeks, the MRA, led by Executive Director Andrew Brisbo, will be implementing new practices to streamline the application process and ensure access to safe marijuana products.

Earlier this week, the Court of Claims issued several orders relative to the operation of unlicensed facilities and access to caregiver product. The MRA has reviewed the orders and is evaluating whether any further legal action is appropriate.

The agency will be reviewing applications for those that paid an application fee but never submitted a complete application and therefore never had it considered by the Medical Marihuana Licensing Board. This review will include applicants that never responded to notices of deficiency and/or failed to provide supplemental applications for owners, as required by the administrative rules. The MRA will swiftly provide these applicants – and others similarly situated – an approval or denial of their application.

As to caregiver product, until further notice, the MRA will not take disciplinary action against a licensee in the circumstances provided for in the Medical Marihuana Licensing Board’s March 21, 2019 resolution. The full resolution is available here.

Below is a summary of the provisions of the resolution regarding caregiver product that will remain in effect until the MRA publishes an advisory bulletin on this issue.

Licensed Provisioning Centers

  • Licensees may obtain marijuana products only from a licensed grower or licensed processor.
  • Licensees must obtain patient consent on a form provided by the MRA prior to selling any marijuana products obtained from a caregiver on or before April 30, 2019 that have not been tested in full compliance with the law and administrative rules.
  • Licensees must enter all inventory into the statewide monitoring system immediately upon receipt.
  • Licensees, before any sale or transfer, must verify – and confirm with government issued photo identification – with the statewide monitoring system that a patient or primary caregiver holds a valid registry identification card.
  • Licensees must enter all sales in the statewide monitoring system and must determine sales will not exceed daily purchasing limits.
  • Licensees must notify the MRA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.

Licensed Growers and Licensed Processors:

  • Licensees may obtain marijuana products from caregivers.
  • Licensees must enter all inventory into the statewide monitoring system immediately upon receipt.
  • Licensees may only transfer marijuana products that have been tested in full compliance with the law and administrative rules.
  • Licensees must tag or package all inventory that has been identified in the statewide monitoring system.
  • Licensees must transfer marijuana products by means of a secure transporter, except where exempted under law.
  • Licensees must notify the MRA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.
Michigan officials end caregiver marijuana supply to medical pot shops

Michigan officials end caregiver marijuana supply to medical pot shops

Michigan officials end caregiver marijuana supply to medical pot shops

The stock of medical marijuana products at licensed Michigan businesses will soon change, as a result of new guidance from state officials.

Effective immediately, licensed medical marijuana provisioning centers can no longer stock their shelves with products grown by caregivers, the Marijuana Regulatory Agency announced Thursday in a press release.

Licensed shops can only buy from state-licensed growers and processors. Caregivers, however, will be allowed to sell to state-licensed growers and processors — who will be required to test the product and enter it into the state’s tracking system.

The switch away from the illegal supply of caregiver weed to the regulated market was supposed to occur April 1, but was delayed for a month due to a barrage of lawsuits filed against the state in a separate but entangled issue over the ability of unlicensed pot shops to operate.

Court of Claims Judge Stephen Borrello issued his orders two days ago — which allow unlicensed pot shops to stay open until 60 days after officials decide on their license applications. Borrello left the issue of caregiver product up to the Marijuana Regulatory Agency to decide.

Now the embattled medical marijuana market will switch over to regulated product as its main source.

Corporate mega-growers have criticized the use of caregiver marijuana for the past five months, as it has tested positive for E. coli, Salmonella, mold, lead and other heavy metals. No illnesses have been reported to the state from its use.

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Court of Claims Judge Stephen Borrello ordered Tuesday that Michigan regulators cannot set any new compliance deadline for unlicensed pot shops.

In his 12-page opinion, Borrello chastised officials in the Department of Licensing and Regulatory Affairs for being “ill-equipped” to handle the licensing process in a timely manner — which has led to the current market of unlicensed businesses.

“At the outset, the Court notes that LARA’s entire method of handling license applications has been ‘apt to sudden change, freakish, or whimsical,’” Borrello wrote.

Temporarily operating provisioning centers will be allowed to operate until their license applications are considered by the state — and officials can only ask them to shut down 60 days after their license application has been denied, Borrello ordered in a ruling that affects eight consolidated cases.

Borrello has left the issue of whether caregiver marijuana can be used to supply the licensed market up to the state to decide.

The state’s new Marijuana Regulatory Agency is reviewing the court orders before issuing a statement, said David Harns, spokesman for the agency.

The state has been trying to hold unlicensed businesses to a licensing deadline since June 2018 but have been thwarted by court orders. Borrello has previously extended the deadline. The most recent attempt to enforce a deadline was brought forward by Governor Gretchen Whitmer, who had proposed March 31 — but another barrage of last-minute legal filings from medical marijuana businesses stopped that under a ruling from Borrello.

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