New York Gov. Andrew Cuomo is pushing to enact a statewide ban on the sale of flavored e-cigarettes amid growing health concerns connected to nicotine and marijuana vaping. New York would be the second state after Michigan to take such action. Cuomo announced Sunday that the state health commissioner would be making a recommendation this New York move to ban flavored e-cigs spurs cannabis vape concerns is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs [Read More ...] Originally posted on New York move to ban flavored e-cigs spurs cannabis vape concerns via George Scorsis Medical Marijuana News
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Chicago-based Cresco Labs said it is buying Tryke, a vertically integrated private cannabis company active in Nevada and Arizona, for $282.5 million. Here are the basics around the announcement: The $282.5 million price tag is made up of $55 million in cash and the balance in stock. Tryke posted revenue of $70.4 million in fiscal Cresco Labs acquires marijuana company Tryke for $282.5 million is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs [Read More ...] more information, George Scorsis Originally posted on Cresco Labs acquires marijuana company Tryke for $282.5 million via George Scorsis Medical Marijuana News (This story has been corrected from a previous version to reflect that CannTrust’s license has not been suspended.) Another cannabis company has been penalized by Health Canada for alleged regulatory violations. British Columbia-based Evergreen Medicinal Supply was sanctioned Aug. 9 over noncompliance with federal law and regulations, according to Health Canada, which did not list Health Canada suspends British Columbia cannabis producer Evergreen’s licenses is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs [Read More ...] Originally posted on Health Canada suspends British Columbia cannabis producer Evergreen’s licenses via George Scorsis Medical Marijuana News Analyst on Oil Price Record Jump Ryerson Uni Business of Cannabis Prof - Midas Letter RAW 2539/16/2019 Midas Letter RAW highlights the stocks and stories to watch in the Canadian markets today. James West and Ed Milewski provide comprehensive fundamental & technical analysis on all trending business and investment news, while interviewing the top CEOs of all public companies and analysts with the highest reputations in the business. ************************ Check out our website: https://midasletter.com ************************ SUBSCRIBE to our YouTube: http://bit.ly/MidasLetterYoutube SUBSCRIBE to our 2nd YouTube Channel - Midas Letter Clips: https://bit.ly/2rtQzgy SUBSCRIBE to our Newsletter: http://bit.ly/MidasLetterNewsletter Download Our Podcast on iTunes: http://bit.ly/MidasLetterPodcast ************************ Follow Us on Twitter: http://bit.ly/MidasLetterTwitter Like Us on Instagram: http://bit.ly/MidasLetterInsta Like Us on Facebook: http://bit.ly/MidasLetterFacebook ************************ #WeedStocks #MidasLetter Originally posted on Analyst on Oil Price Record Jump , Ryerson Uni Business of Cannabis Prof - Midas Letter RAW 253 via George Scorsis Medical Marijuana News ************************ Check out our website: https://midasletter.com ************************ SUBSCRIBE to our YouTube: http://bit.ly/MidasLetterYoutube SUBSCRIBE to our 2nd YouTube Channel - Midas Letter Clips: https://bit.ly/2rtQzgy SUBSCRIBE to our Newsletter: http://bit.ly/MidasLetterNewsletter Download Our Podcast on iTunes: http://bit.ly/MidasLetterPodcast ************************ Follow Us on Twitter: http://bit.ly/MidasLetterTwitter Like Us on Instagram: http://bit.ly/MidasLetterInsta Like Us on Facebook: http://bit.ly/MidasLetterFacebook ************************ #WeedStocks #MidasLetter Originally posted on Brad Poulos - Business of Cannabis Instructor at Ryerson University via George Scorsis Medical Marijuana News A cannabis testing facility in Massachusetts agreed to pay a $225,000 fine for improper disposal of marijuana products. The state Cannabis Control Commission approved the settlement with MCR Labs, MassLive.com reported. As part of the settlement agreement, the Framingham facility admitted that an employee put marijuana waste in an unlocked dumpster over four days in Massachusetts testing lab fined $225,000 for improper cannabis disposal is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs [Read More ...] Originally posted on Massachusetts testing lab fined $225,000 for improper cannabis disposal via George Scorsis Medical Marijuana News Regular readers know that we are in the midst of presenting a 50-state series analyzing how each state treats hemp-derived cannabidiol (“Hemp CBD”). Recently we covered Idaho, which we neatly summarized as “probably the worst state in the country to get caught with hemp.” The article explains why this is so in detail. Among the reasons is that last winter the Idaho State Police seized a shipment of 13,000 pounds of hemp which was being transported across Idaho from Oregon to Colorado. (See here.) The case has received considerable attention from the press and the hemp industry. Indeed, the American Trade Association of Cannabis and Hemp filed amicus briefs in both the federal district court and the Ninth Circuit in support of the owner of the hemp. The Ninth Circuit sends hemp owner to Idaho state court on the basis of the Younger abstention doctrine. The seizure led to a federal lawsuit by the owner of the seized load. Big Sky Scientific, LLC v. Jan M. Bennetts, No. 1:19-cv-00040-REB (D. Idaho). Big Sky sought a declaration that (i) the cargo is industrial hemp under provisions of the 2018 Farm Bill, (ii) hemp is not a controlled substance under federal law, and (iii) Idaho cannot interfere with the interstate transportation of hemp. Big Sky also quickly moved for a preliminary injunction asking the federal court to compel the Idaho State Police (“ISP”) to return the hemp. Big Sky contended the cargo was deteriorating and losing its value as it sat in ISP’s possession. Meanwhile, ISP filed a state-court complaint in rem for forfeiture of the hemp under Idaho state law. In considering the motion, the federal district court directed the parties to address “whether the Court has jurisdictional authority to compel the relinquishment of property seized in connection with a state criminal case.” ISP drew upon the Younger abstention doctrine to argue the federal court lacked jurisdiction and ought to abstain from exercising jurisdiction over Big Sky’s request for equitable relief. The federal court denied the motion for a preliminary injunction and ruled that it need not decide the abstention question. Big Sky appealed the denial to the Ninth Circuit, wherein ISP argued the district court abused its discretion by not abstaining pursuant to Younger. In a short, unpublished opinion issued on September 4, 2019, the Ninth Circuit agreed with ISP and reversed the district court’s decision not to apply Younger abstention. The decision was based, in part, on ISP’s representation at oral argument that (i) Idaho will immediately move to lift the stay in the in rem forfeiture action, and (ii) the assumption that the Idaho state court would proceed expeditiously with the in rem action, including Big Sky’s challenge to Idaho’s interpretation of the 2018 Farm Bill. In plain terms: the Ninth Circuit ruled that the federal district court should refrain from exercising jurisdiction over Big Sky’s case because doing so may interfere with the ongoing proceedings in Idaho state court. (Feel free to email me for a copy of the opinion.) What is Younger abstention? The Younger abstention doctrine is named after the Supreme Court’s 1971 decision in Younger v. Harris which held that federal courts may not enjoin state court criminal proceedings. At heart the Younger abstention doctrine arises from our system of federalism and its separation of powers. States are independent sovereigns (as are Indian tribes in many respects) and most abstention doctrines proceed from this understanding. Since 1971, federal courts have applied the principles of Younger to proceedings far beyond the criminal context. Generally speaking, the doctrine operates to prevent federal courts from enjoining pending state court proceedings. The doctrine is controversial in several respects for reasons we won’t get into here. (See Federal Jurisdiction by Erwin Chemerinsky for a thorough analysis). Other abstention doctrines include Colorado River abstention – which is concerned with avoiding duplicative litigation; the Rooker-Feldman doctrine – which concerns federal court review of state court decisions; Pullman abstention – which concerns refraining from deciding questions based on unclear state law; and Burford abstention – which concerns deferring review of complex state administrative procedures. For now, I’ll briefly explain the elements of Younger abstention and turn to the implications of the Ninth Circuit’s decision. As the Court explained, “Younger abstention is appropriate when (1) there is an ongoing state judicial proceeding; (2) the proceeding implicates important state interests; (3) there is an adequate opportunity in the state proceedings to raise constitutional challenges; and (4) the requested relief seeks to enjoin or has the practical effect of enjoining the ongoing state judicial proceeding.” In Big Sky, the Ninth Circuit found these elements met because of the pending in rem forfeiture proceeding in Idaho state court in which Big Sky may raise its federal claims. Although the state courts had stayed that action, ISP’s promise to move to lift that stay, and the “assumption” the state court would proceed to resolve that action expeditiously and permit Big Sky to raise its constitutional challenges led the Ninth Circuit to conclude Younger abstention was appropriate. What are the implications of the Ninth Circuit’s ruling in Big Sky for shipping Hemp-CBD across state lines? The Ninth Circuit’s decision has several immediate consequences relevant to anyone operating in the Hemp-CBD marketplace: 1) Big Sky (and others) who have Hemp-CBD shipments seized in Idaho may ending up winding their way through state court and the state court appellate process (this is less than ideal); 2) Other states that take a dim view of hemp (we are looking at you, South Dakota) may see this as a template for seizing Hemp-CBD shipments and keeping related proceedings out of federal court (though South Dakota is in the Eighth Circuit so not bound to follow the Ninth); 3) Trucking and shipping companies may decline to offer Hemp-CBD shipping services because of the potential of seizure; 4) The risk and costs of shipping Hemp-CBD ought to be addressed in your contracts – as we have said before – and you should consider spelling shipping routes to lessen the risk of seizure; 5) Ensure that your Hemp-CBD shipments and shippers have the proper manifests and other chain-of-custody documents; and 6) Finally, if one of your Hemp-CBD shipments is seized by law enforcement, act quickly with your litigation attorneys to commence a federal court action and be prepared to make sophisticated jurisdictional arguments. For now, it may be best to stay away from Idaho. [Read More ...] Originally posted on Litigation Update: Who Decides Whether You Can Ship Hemp Through Idaho? via George Scorsis Medical Marijuana News Paraguay plans to open up the application process next month for businesses seeking to secure a production license for the country’s new medical cannabis industry. The nation’s health minister, Julio Mazzoleni, announced during a press conference on Thursday the approval of a resolution establishing the guidelines to apply for the first commercial production licenses. Five vertically integrated Paraguay to open application process for medical cannabis production licenses in October is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs [Read More ...] Originally posted on Paraguay to open application process for medical cannabis production licenses in October via George Scorsis Medical Marijuana News The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA. This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp. In light of these legislative changes, we are presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Each Sunday, we summarize a new state in alphabetical order. Today, we turn to Indiana. The Office of Indiana State Chemist (“OISC”) regulates hemp cultivation activities. Currently, the OISC is allowing applications for hemp researchers but expects to allow commercial cultivation applications in 2020 (absent a change in applicable laws or regulations) in light of the 2018 Farm Bill’s allowance of hemp production programs and a series of laws and regulations in Indiana. Pursuant to these OISC FAQs, the final rules for the 2020 application process are still being worked out, and the state hopes that the first round of commercial hemp crops will be planted next year. The FAQs also state that hemp seeds can be imported from other states and that the license types that will eventually be issued will be for Growers, Handlers, and Researchers. Perhaps surprisingly, Indiana has some of the most robust Hemp CBD requirements of any U.S. state. Indiana’s legislature passed SB-52, allowing the sales of FDA-approved Hemp CBD products, or “low THC hemp extract” that complies with Indiana law effective in 2018. These requirements are broad and require independent lab testing with a passing certificate of analysis, and require products to have comprehensive labels with scannable QR codes linking to even more comprehensive information. SB-52 doesn’t list each and every kind of Hemp CBD product that may be sold, but subsequent legislation has clarified the state’s position on certain products. Earlier this year, the state passed SB-516, which among other things, makes clear that smokable hemp isn’t a permitted product in Indiana. “Smokable hemp” is defined broadly and arguably includes both flower products and vape products. Stay tuned to the Canna Law Blog for developments on hemp and Hemp CBD in Indiana. For previous coverage in this series, check out the links below.
[Read More ...] George Scorsis Liberty Health Sciences Originally posted on Hemp-CBD Across State Lines: Indiana via George Scorsis Medical Marijuana News For legal marijuana businesses frustrated by ads for hundreds of unlicensed MJ retailers on Weedmaps, relief may not come immediately. According to the California Bureau of Cannabis Control (BCC) and other sources, it appears online advertising giant Weedmaps can dictate its own timeline for removing ads from its site for unlicensed marijuana shops and delivery Weedmaps unlikely to receive fines for illicit cannabis firms ads – but vaping illnesses could lead to action, experts say is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs [Read More ...] Originally posted on Weedmaps unlikely to receive fines for illicit cannabis firms ads – but vaping illnesses could lead to action, experts say via George Scorsis Medical Marijuana News |
George Scorsis
Mr. George Scorsis has more than 15 years of experience leading companies in highly regulated industries to rapid growth, including alcohol, energy drinks and, most recently, medical cannabis. ArchivesCategories |