National Survey on Marijuana Laws and Regulations

[Pages:75]National Survey on

Marijuana Laws and Regulations

Updated as of July 26, 2019

Joshua Horn Partner Fox Rothschild LLP 215.299.2184 jhorn@

William Bogot Partner Fox Rothschild LLP 312.517.9205 wbogot@

National Survey on Marijuana Laws and Regulations

This survey has been provided by the Fox Rothschild Cannabis Practice as a quick reference to relevant laws and statutes governing marijuana usage in the United States.

Legalized cannabis ? for medical or recreational purposes ? is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New York, Pennsylvania and Washington, as well as the District of Columbia, regulating its use. Navigating the various state compliance regulations ? while the consumption of marijuana, regardless of its intended use, is still prohibited at the federal level ? can be a daunting task.

Fox attorneys are experienced in counseling legalized cannabis growers, distributors, processors, investors and others, including those supplying ancillary products and services, operating in this highly regulated industry. We represent clients in the formation of business entities and creation of operational plans and shareholder agreements; real estate and land use planning; acquisition of cultivation and dispensary licenses; preparation and filing of forms required by various states; compliance with relevant state regulations; and assistance with U.S. Department of Treasury issues for banking and financial services clients engaged in the industry, and more. We have also advised clients on Illinois' Compassionate Use of Medical Cannabis Pilot Program Act as well as similar laws in other states where the product is legalized and regulated.

About Fox Rothschild

Fox Rothschild LLP is a national law firm ranked in the Am Law 100 that delivers strategic and practical solutions for clients ranging from family-run businesses to multinational corporations.

Home to 950 attorneys in 27 offices coast to coast, Fox offers clients a team of accomplished professionals who have honed their legal skills in government and industry, who appreciate the fluctuating nature of today's competitive business environment and who excel at crafting the legal solutions that match our clients' goals.

Please be mindful that possessing, using, distributing and/or selling marijuana is a federal crime, and no legal advice we give is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. Please also note that we are not advising you regarding the federal, state or local tax consequences of engaging in any business in this industry.

Copyright ? 2018 Fox Rothschild LLP | Attorney Advertising

National Survey on Marijuana Laws and Regulations

State All States

Alabama

General Info

Legal Information by State and Federal Law

LawAtlas ? Medical Marijuana

National Conference of State Legislatures ? State Medical Marijuana Laws

N/A

Applicants and Registered Organizations

Laws and Regulations

UAB's Department of Neurology is the sole legal source for production and distribution of CBD oil under SB174.

Laws:

SB174 (2014) "Carly's Law" ? ? Signed 3/20/2014 AL ST ? 13A-12-214.2 Adopted Rule, Industrial Hemp, 80-10-21

Pending Bills/Legislation: SB115 HB61

Please be mindful that possessing, using, distributing and/or selling marijuana is a federal crime, and no legal advice we give is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. Please also note that we are not advising you regarding the federal, state or local tax consequences of engaging in any business in this industry.

Copyright ? 2018 Fox Rothschild LLP | Attorney Advertising

State Alaska

National Survey on Marijuana Laws and Regulations

General Info Marijuana Retail License FAQs

Applicants and Registered Organizations N/A ? ApplicationForm

Laws and Regulations

Marijuana Statutes and Regulations

Laws:

AS ?? 17.37.010, et seq. "Medical Uses of Marijuana" AS ?? 17.38.010, et seq. "The Regulation of Marijuana"

o See AS ? 17.38.200 Marijuana establishment registrations.

Regulations: 3 AAC 306 ? Regulations Alaska Administrative Code 3 AAC 306.005 3 AAC 306.020 3 AAC 306.100 3 AAC 306.200 3 AAC 306.300 3 AAC 306.305 3 AAC 306.310 3 AAC 306.315 3 AAC 306.320 3 AAC 306.325 3 AAC 306.330 3 AAC 306.335 3 AAC 306.340 3 AAC 306.345 3 AAC 306.350 3 AAC 306.355 3 AAC 306.360

Please be mindful that possessing, using, distributing and/or selling marijuana is a federal crime, and no legal advice we give is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. Please also note that we are not advising you regarding the federal, state or local tax consequences of engaging in any business in this industry.

Copyright ? 2018 Fox Rothschild LLP | Attorney Advertising

State Alaska

National Survey on Marijuana Laws and Regulations

General Info

Applicants and Registered Organizations

Laws and Regulations

3 AAC 306.365 3 AAC 306.400 3 AAC 306.405 Effective 5/25/2018, Quality

Control Sampling

Adopted Partial Rule, Marijuana Waste and a Licensed Marijuana Establishment

Adopted Rule, Corporate Ownerships

Adopted Rule, Corporate Ownerships

Adopted Rule, Advertising and Promotions Restrictions, 3 AAC 306.0053 AAC 306.005, .300, .360, .7703 AAC 306.300(a)

Adopted Rule Filing, Marijuana Plant Count, 3 AAC 306.405, .730, .990

Adopted Rule, Marijuana Plant

Count, 3 AAC 306.4053 AAC 306.405, .730, .9903 AAC 306.730(a)3 AAC 306.990(a)

Adopted Rule, Marijuana

Excise Tax Adopted Partial Rule,

Marijuana Testing and Sample Preparation Adopted Partial Rule,

Please be mindful that possessing, using, distributing and/or selling marijuana is a federal crime, and no legal advice we give is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. Please also note that we are not advising you regarding the federal, state or local tax consequences of engaging in any business in this industry.

Copyright ? 2018 Fox Rothschild LLP | Attorney Advertising

State Alaska

Arizona

National Survey on Marijuana Laws and Regulations

General Info

Medical Marijuana Program Dispensary Information

Applicants and Registered Organizations

"Unless you are a registered qualifying patient who is not authorized to cultivate marijuana plants for medical use, the Department cannot provide you with a list of dispensaries. The Arizona Medical Marijuana Act, A.R.S. ? 36-2810 (A.), states that information received and

Laws and Regulations

Marijuana License Conversion Adopted Rule, Ownership

Change and Wholesale Transfer of Concentrates Adopted Rule, Ownership Changes and Handler Permits Alaska Administrative Code, 3 AAC 306.047, [Effective 2/21/2019] License Conversion Adopted Rule, Onsite Marijuana Consumption Endorsements 3 AAC 306.370, [Effective 4/11/2019] Onsite consumption endorsement for retail marijuana stores Adopted Rule, License Fees, 3 AAC 306 3 AAC 306.100, [Effective until 5/9/2019] Adopted Rule, Marijuana Handler Permit Courses Medical Marijuana Rules and Statutes

Laws:

A.R.S. 36-2801, et seq. "Arizona Medical Marijuana Act"

Regulations: Ariz Session Laws, Medical

Please be mindful that possessing, using, distributing and/or selling marijuana is a federal crime, and no legal advice we give is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. Please also note that we are not advising you regarding the federal, state or local tax consequences of engaging in any business in this industry.

Copyright ? 2018 Fox Rothschild LLP | Attorney Advertising

State Arizona

Arkansas

National Survey on Marijuana Laws and Regulations

General Info

The Arkansas Medical Marijuana Amendment of 2016

Applicants and Registered Organizations records kept by the Department for the purposes of administering the Act, including "the physical addresses of nonprofit medical marijuana dispensaries," are confidential. However, A.R.S. ? 362804.04(C) requires the Department to provide a list of registered dispensaries to a qualifying patient who is not authorized to cultivate marijuana plants when issuing the qualifying patient's registry identification card." ? From the FAQs ? Dispensary

N/A

Laws and Regulations

Marijuana-Sales DataEnforcement Arizona Medical Marijuana Rules Ch. 287, Industrial Hemp; Licensing Ch. 240 Liquor Omnibus

Ch. 276, General

Appropriations Act Ch. 318, Marijuana; Testing;

Advisory Council; Library

The Arkansas Medical Marijuana Amendment of 2016

Laws:

House Bill 1026 House Bill 1058 Act 438 Act 440 Act 479 Act 544 Act 545 Act 587 Act 593 Act 594 Act 638 Act 639

Please be mindful that possessing, using, distributing and/or selling marijuana is a federal crime, and no legal advice we give is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. Please also note that we are not advising you regarding the federal, state or local tax consequences of engaging in any business in this industry.

Copyright ? 2018 Fox Rothschild LLP | Attorney Advertising

State Arkansas

National Survey on Marijuana Laws and Regulations

General Info

Applicants and Registered Organizations

Laws and Regulations

Act 640 Act 641 Act 642 Act 670 Act 740 House Bill 1002 Senate Bill 2 Act 2019, No. 592 Act 2019, No. 989 Act 2019, No. 1034 Act 2019, No. 1004 Regulations: Medical Marijuana

Registration, Testing and Labeling Rules and Regulations Governing the Oversight of Medical Marijuana Cultivation Facilities and Dispensaries by the Alcoholic Beverage Control Division Rules and Regulations Governing the Application for, Issuance and Renewal of Licenses for Medical Marijuana Cultivation Facilities and Dispensaries in Arkansas Arkansas Rules and Regulations, Section II-IX Medical Marijuana Industry 006.28.18 Adopted Emergency Rule,

Please be mindful that possessing, using, distributing and/or selling marijuana is a federal crime, and no legal advice we give is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. Please also note that we are not advising you regarding the federal, state or local tax consequences of engaging in any business in this industry.

Copyright ? 2018 Fox Rothschild LLP | Attorney Advertising

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