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26 August 2022

The Week In Weed: August 26, 2022

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Seyfarth Shaw LLP

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Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana.
United States Cannabis & Hemp

Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana.

This week, we look at the First Circuit's decision on state cannabis regulation. Then, we have a couple of state ballot initiatives to check in on. We turn our gaze to Costa Rica, where cannabis legislation is on the agenda. And finally, would you buy CBD from a vending machine?

FIRST CIRCUIT DECISION

Remember that old chestnut, the Rohrabacher-Farr amendment? It prevents the Department of Justice from using its funds to prosecute state-legal medical cannabis businesses. But apparently, that's not all it does! According to the First Circuit Court of Appeals, it also means that Congress has officially recognized that the medical marijuana industry exists. And that means the Dormant Commerce Clause applies. Without getting too far into the weeds (pun intended), this means that states can't limit their markets to in-state companies. Might it prohibit social equity programs as well? Time will tell.

NEBRASKA

Medical marijuana will not appear on the November ballot in Nebraska. Advocates of the measure failed to obtain sufficient signatures overall and failed to obtain sufficient signatures from enough of the state's counties. But all may not be lost for legal cannabis in the Cornhusker State. State Senator Jen Day (D-49) has promised to introduce a bill to legalize medical marijuana.

IDAHO

Meanwhile, in Idaho, supporters of medical cannabis are looking to the 2024 election. They've already turned in language to the Secretary of State's office and hope to review any changes in a few weeks. They plan to start gathering signatures on November 1.

COSTA RICA

Not all the cannabis action is happening in the United States. In Costa Rica, President Rodrigo Chaves marked his 100th day in office by announcing a marijuana initiative. The proposal would legalize adult use of cannabis. In addition, Chaves promised that his administration would publish regulations for medical cannabis.

AND FINALLY

One of the selling points of a cannabis dispensary is the expert advice you can get from the budtenders. But if you're just looking to get some CBD and be on your way, perhaps a vending machine is for you.

Stay safe and be well everyone - we'll be off next week, but will return on September 9!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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