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The State of Cannabis Law by EVERSHEDS

The State of Cannabis Law



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Currently thirty three states and Washington, D.C. have legalized marijuana for medical use while eleven states and Washington, D.C. have legalized marijuana for adult or recreational use. The practice of Cannabis Law is becoming increasingly popular and complex as more states pass laws regarding its use, cultivation, and distribution.

Still more states have various nuances associated with their cannabis regulatory regimes, including allowing the use of medical marijuana as an affirmative defense, decriminalization and exceptions for CBD oil. This material is often available piecemeal and has not consistently provided an overview of the issues relevant in individual states.

With The State of Cannabis Law, the authors have sought to create a desk reference to provide a meaningful overview to assist industry participants in obtaining a snapshot of a state’s regulatory regime surrounding cannabis as well as guideposts in conducting further research.

Some of the exciting topics exclusively covered in The State of Cannabis Law: state laws with respect to marijuana and hemp, vital information about key ancillary issues such as intellectual property, real estate, and tax implications.

About Eversheds Sutherland: The Eversheds Sutherland Cannabis Industry Team is an assembly of experienced attorneys from across practice groups and offices who serve the expanding and diverse needs of the cannabis industry.

Pages 588
Last Updated 05/20/2020
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543823707
SKU 10083232-0001
Table of Contents

Chapter 1: The Legal History of Hemp in the United States

  • Introduction to Hemp and the Marijuana Tax Act of 1937
  • Controlled Substances Act of 1970
  • Agriculture Act of 2014
  • Statement of Principles on Industrial Hemp
  • Agricultural Improvement Act of 2018
  • Interim Final Rule for Domestic Hemp Production

Chapter 2: Tax Issues, Wes Sheumaker

  • Introduction to Federal and State Tax Marijuana Issues
  • Code Section 280E Overview
  • Inventory and Cost of Goods Sold
  • Marijuana State Tax Liability
  • Taxation of State Recreational Marijuana Programs

Chapter 3: Real Estate Issues, Jenny Worthy

  • Introduction
  • Development and Entitlement Issues
  • Landlord and Tenant Issues

Chapter 4: Intellectual Property Issues, Anna Halsey

  • Introduction
  • Copyright
    • Copyright Registration
    • Copyright Term
    • Copyright Enforcement
  • Patent
    • Patent Registration
    • Patent Term
    • Patent Enforcement
    • Utility Patents
    • Plant Patents
    • Design Patents
  • Plant Variety Protection
    • Plant Variety Protection Registration
    • Plant Variety Protection Term
    • Plant Variety Protection Enforcement
  • Trademark
    • Federal Trademark
    • Federal Trademark Protection Registation
    • Federal Trademark Term
    • Federal Trademark Enforcement
    • The Hemp Exception
  • State Trademark
    • State Trademark Registration
    • State Trademark Registration Term

Chapter 5: Business Issues and Concerns, Michael Voynich and Hunter Raines

  • Introduction
  • Funding for the Cannabis Company
  • Equity Financing the Cannabis Company
  • Operational Challenges
  • Conclusion

Chapter 6: Employment Law Issues, Marlene Williams

  • Introduction
  • Zero Tolerance Policies
  • Drug Testing
  • Discrimination, Adverse Action, and Accommodation Issues
  • Conclusion

Chapter 7: State by State Guide to Cannabis Legalization

  • Overview
  • Alabama
    • Overview
    • Legality of Hemp
    • Medical Marijuana
    • Recreational Use
    • Criminal Liability and Decriminalization
      • Crimes
      • Defenses
        • Exception for Glaucoma and Epilepsy
        • Exception for Debilitating Medical Conditions
    • Other Areas of the Law
      • Taxation Issues
        • Stamp Tax or Controlled Substance Tax
        • Sales and Excise Taxes
        • 26 U.S.C. Section 280E
      • Real Estate Issues
      • Intellectual Property Issues
      • Banking Issues
      • Employment Issues
    • Pending Legislation
  • Alaska
  • Arizona
  • Arkansas                                                                                                                                                                             
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • Washington, D.C.
  • West Virginia
  • Wisconsin
  • Wyoming

Chapter 8: Chart Overviews of the State of Cannabis

  • Status of Cannabis Legalization
  • Status of Hemp Legalization
  • Status of Medical Marijuana
  • Status of Recreational Marijuana
  • Criminal Offenses for < 0.5 Ounce of Marijuana
  • Year of Hemp/Cannabis Legalization
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