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Our legal experts track the evolving regulation around the cannabinoid and cannabis sector on a daily basis. These alerts are then compiled into our Round-up section.
22nd March 2023
Brazil: Yesterday, 21st March, the Superior Court of Justice published the decision that it falls within the court’s jurisdiction to decide whether hemp can be cultivated for medical, pharmaceutical and industrial purposes. This is in order to avoid different decisions on the same matter. All lawsuits related to hemp cultivation will be suspended, and the court’s decision, which could take at least a year to be made, will be binding.21st March 2023
Canada: Health Canada has updated the fees laid out in the Cannabis Fees Order, following the 2022 Consumer Price Index of 6.8%. The new rates will apply from 1st April.
21st March 2023
US - Kentucky: House Bill 544 has been delivered to the governor for approval after being passed by the Senate. It would set guidelines for the regulation of hemp-derived delta-8 THC products, including banning their sale of delta-8 to under-21s. It also set new retail, labelling and testing requirements, and would direct the state Cabinet for Health and Family Services to establish administrative regulations for the production and sale of delta-8 products by 1st August.
21st March 2023
US - Oklahoma: House Bill 2095 has passed the House and now heads to the Senate. It would broaden the remit of the Oklahoma Medical Marijuana Authority and other state agencies through monetary and disciplinary provisions, such as authorising unannounced site inspections. The bill also lays down penalties for unlawful acts, such as the permanent revocation of medical cannabis business licences for non-payment of taxes.
20th March 2023
- US - Federal: Two bipartisan bills were reintroduced in the House to establish a regulatory framework for CBD and other hemp-derived products on the federal level. The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 would make hemp, CBD derived from hemp, and other hemp-derived products lawful for use as a dietary supplement if they meet other requirements under the Federal Food, Drug, and Cosmetic Act. The CBD Product Safety and Standardization Act would direct the Food and Drug Administration (FDA) to regulate CBD as a food ingredient and set requirements for quality and labelling, among other things. The same bills were introduced during the last session of Congress but did not advance.
20th March 2023
- US - Maryland: Senate Bill (SB) 508 has passed the Senate and now heads to the House. SB 508 would update the definitions of "hemp" and "hemp product”, authorising producers to produce and sell consumable hemp products if the product is tested by an independent laboratory. This is to ensure that the product meets the applicable safety standards and that the THC concentration does not exceed more than 0.5 mg of THC per serving or 2.5 mg of THC per package.
20th March 2023
- US - Kentucky: Senate Bill (SB) 47 has passed the Senate and now heads to the House. SB 47 would establish a medical cannabis programme for qualified patients with authorisation from their physician, specifying that smoking and home cultivation would remain prohibited. The bill would legalise the use and possession of medical cannabis to treat people with certain medical conditions such as cancer, severe pain, epilepsy, multiple sclerosis, muscle spasms or spasticity, chronic nausea or cyclical vomiting, PTSD or any other medical condition or disease which the Kentucky Center for Cannabis deems appropriate.
17th March 2023
- US - Arkansas: Senate Bill (SB) 358 has passed the Senate and now moves to the House. SB 358 would prohibit the production and sale of any intoxicating substances derived from industrial hemp, specifically including products “produced as a result of a chemical process that converted the industrial hemp or a substance contained in the industrial hemp into Delta-8, 19 Delta-9, Delta-6a, 10a, or Delta-10 THC… and any other psychoactive substance derived therein”.
17th March 2023
- US - New Hampshire: House Bill (HB) 360 has passed the House and now heads to the Senate. HB 360 would legalise the possession and use of cannabis by adults (21+) by removing cannabis from the state’s controlled substances list and changing several provisions that refer to criminal penalties for cannabis-related offences. However, no regulatory framework for commercial sales of cannabis would be established by the bill.
17th March 2023
- US - Utah: Senate Bill (SB) 137 has been signed into law by the governor. SB 137 modifies the state's medical cannabis laws in several ways, including requiring terpene testing and disclosure of terpene profiles for certain products and extending the expiry date of initial issuances of medical cannabis cards from six months to one year, unless the practitioner recommends a shorter period.
17th March 2023
- US - Utah: House Bill (HB) 72 has been signed into law by the governor. HB 72 makes various amendments to the state's medical cannabis programme, such as allowing for delivery of medical cannabis products directly from licensed processors under certain conditions and shifting regulation of pharmacies to the Department of Agriculture and Food. The bill also creates a Medical Cannabis Policy Advisory Board.
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