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New Report from the Law Library of Congress On The Regulation of Hemp Around the World February 13, 2023

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The following is a guest post by Tariq Ahmad, foreign law specialist in the Global Legal Research Directorate of the Law Library of Congress. Tariq has previously contributed posts on Islamic Law in Pakistan – Global Legal Collection Highlights, the Law Library’s 2013 Panel Discussion on Islamic LawSedition Law in India, and FALQ posts on Proposals to Reform Pakistan’s Blasphemy Laws, Article 370 and the Removal of Jammu and Kashmir’s Special Statusand The Controversy Over Marriage and Anti-Conversion Laws in India.

 

Demand and production of hemp are growing worldwide and are forecast to show significant growth in the next decade. Hemp is a variety of Cannabis sativa that contains small amounts of psychoactive content tetrahydrocannabinol (THC) and is used for industrial and medicinal use. The 2018 Farm Bill changed U.S. federal policy with respect to hemp, removing hemp from the Controlled Substances Act, and authorizing the “production of hemp” and “the consideration of hemp as an agricultural product.” Providing a comparative perspective, the Law Library of Congress has recently published its report, Regulation of Hemp, which explores the regulation of industrial hemp in select jurisdictions around the globe, namely, Australia, Brazil, Canada, China, Colombia, Ecuador, India, Israel, Italy, Japan, Mexico, New Zealand, Russia, the Slovak Republic, the United Kingdom (UK), and the European Union (EU).

The report covers when cultivation/production of hemp was legalized, how hemp is defined (in terms of allowable delta-9-tetrahydrocannabinol (THC) level), under what restrictions/circumstances (if any) hemp can be cultivated/produced, and some of the licensing and registration requirements. The report also discusses testing and sampling requirements that farmers are required to observe. In addition, the report briefly reviews rules for the processing/manufacturing of hemp and hemp-containing products. In an appendix to the report, we have included a table of countries that have legalized hemp production. The comparative summary of our report notes that:

DOWNLOAD AT https://www.loc.gov/item/2022666115/?loclr=bloglaw

In the select jurisdictions, all jurisdictions appear to allow cultivation of hemp (or cannabis more widely) for very controlled and restricted purposes (including medical, scientific, industrial, and/or horticultural purposes). In the select jurisdictions we reviewed, cultivation of hemp for restricted purposes was legalized in Japan in 1947, the UK in 1993, Canada in 1998, New Zealand in 2006, Russia in 2007, Australia and Italy in 2016, Israel in 2019, Ecuador in 2020, and Colombia in 2022. India allows states to permit and regulate the cultivation of hemp. Uttarakhand was the first state to do so, in 2016. Australia in 2016 enacted federal amending legislation allowing for the cultivation of cannabis for medicinal or scientific purposes. The cultivation of industrial hemp is regulated by each of Australia’s states and territories, with Tasmania being the first state to allow it in 1995. Similarly, only two provinces in China have allowed industrial hemp; Yunnan province was the first to do so, in 2010. The EU’sCommon Agricultural Policyincludes a common system of aid for farmers of flax and true hemp (Cannabis sativa), which was established in 1970.

This report is an addition to the Law Library’s Legal Reports (Publications of the Law Library of Congress) collection, which includes over 3,000 historical and contemporary legal reports covering a variety of jurisdictions, researched and written by foreign law specialists with expertise in each area.

PUBLICATION INFO

About this Item

Title

  • Regulation of hemp : Australia, Brazil, Canada, China, Colombia, Ecuador, European Union, Great Britain, India, Israel, Italy, Japan, Mexico, New Zealand, Russian Federation

Names

  • Ahmad, Tariq (Lawyer), author.
  • Buhary, Nabila, author.
  • Soares, Eduardo, author.
  • Chalupovitsch, Michael, author.
  • Zhang, Laney, author.
  • Rodriguez-Ferrand, Graciela, author.
  • Gesley, Jenny, author.
  • Feikert-Ahalt, Clare, author.
  • Levush, Ruth, author.
  • Figueroa, Dante, author.
  • Umeda, Sayuri, author.
  • Guerra, Gustavo, author.
  • Roudik, Peter, author.
  • Fremer, Iana, author.
  • Law Library of Congress (U.S.). Global Legal Research Directorate, issuing body.

Created / Published

  • [Washington, D.C.] : The Law Library of Congress, Global Legal Research Directorate, 2022.

Headings

  • –  Hemp–Law and legislation–Australia
  • –  Hemp–Law and legislation–Brazil
  • –  Hemp–Law and legislation–Canada
  • –  Hemp–Law and legislation–China
  • –  Hemp–Law and legislation–Colombia
  • –  Hemp–Law and legislation–Ecuador
  • –  Hemp–Law and legislation–European Union countries
  • –  Hemp–Law and legislation–Great Britain
  • –  Hemp–Law and legislation–India
  • –  Hemp–Law and legislation–Israel
  • –  Hemp–Law and legislation–Italy
  • –  Hemp–Law and legislation–Japan
  • –  Hemp–Law and legislation–Mexico
  • –  Hemp–Law and legislation–New Zealand
  • –  Hemp–Law and legislation–Russia (Federation)

Notes

  • –  “LL File No. 2022-021696.”
  • –  “November 2022.”
  • –  Contains appendix: Table on Legalization of Hemp Production prepared by the Staff of the Global Legal Research Directorate.
  • –  Includes bibliographical references.
  • –  Description based on online resource, PDF version; title from cover (LOC, viewed Jan. 12, 2023).

Medium

  • 1 online resource (134 pages)

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New Mexico Regulation and Licensing Department revokes licenses at two Torrance County cannabis farms

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New Mexico Regulation and Licensing Department revokes licenses at two Torrance County cannabis farms



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Massachusetts: Uxbridge to refund more than $1 million to cannabis retail outlet in impact fees case

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The Town of Uxbridge has reached an agreement in Superior Court to largely refund the community impact fees paid by a cannabis store, according to court documents and the law firm representing the store

On Dec. 29, the town entered into an agreement with Caroline’s Cannabis to refund the store $1,171,633.60. According to a statement from the law firm MacMillan Law Offices, the amount constitutes 80% of the community impact fees the store paid the town and may be the first legal settlement resulting in refund of the controversial fees in the state.

The store has a location at 640 Douglas St. in Uxbridge.

According to the law firm’s statement, Caroline’s Cannabis filed a lawsuit against the town in Worcester Superior Court in 2022. The store sought an order requiring the town to produce documentation to substantiate the community impact fee it was collecting from the store.

Caroline’s Cannabis claimed it had caused no impact or costs to the town, and that the town could not collect the fees unless it could document otherwise. At the time, Caroline’s Cannabis requested to recover $1.4 million.

Read the background here

https://www.telegram.com/story/news/local/2024/01/18/carolyns-cannabis-community-impact-fees-refuns/72272643007/



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Beverly Hills Lawyer Invested in Oregon Cannabis Farm .. Percentage of Crop(s) Ended Up In Cali Market

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Willamette Week breaks the story that’s going to ruin his holidays.

One of the many weed entrepreneurs to descend on Cave Junction during the green rush was Matthew Portnoff, a partner with a specialty in cannabis law at the California offices of a white-shoe law firm.

In 2020, the Oregon Liquor and Cannabis Commission determined that weed grown at his farm in 2019 had been diverted onto the black market. But after a yearslong investigation, the agency was never able to conclude whether Portnoff authorized the leakage—or if he was instead the victim of a swindle.

Portnoff declined to comment for this story.

A graduate of UC Berkeley and the University of Southern California’s law school, Portnoff, 48, is an expert in tax law based in Beverly Hills, with a history of entrepreneurial forays. (An online database lists him as a producer of a romantic comedy starring Paris Hilton in 2006 that was panned by critics.)

In 2016, Portnoff and his wife, Luiza, purchased a Cave Junction farm for $415,000 just as the state began handing out licenses to grow recreational weed. (An LLC controlled by his father, a surgeon from California, bought 19 acres next door to his son for the same purpose.)

Two years later, Portnoff and his wife landed a license. So, eventually, did his dad. They grew thousands of plants on the 35-acre properties located along Takilma Road in the rural farmland of the Illinois Valley.

To run his new Oregon farm, Portnoff hired a local grower named Michael Horner, who’d come recommended by a California client.

But by the time the first harvest arrived, an oversupply of weed on the market caused prices in Oregon to fall by at least half.

And beginning in February 2019, the OLCC began documenting a series of concerning reports from Portnoff’s employees.

First, Horner quit his job working for Portnoff and told an OLCC inspector in February 2019 that men had arrived on the farm to take weed back to California for sale.

A month later, the inspector went to the farm to investigate. State-licensed farms are required to have surveillance cameras monitoring all aspects of the operation. But in March 2019, the inspector discovered a four-day gap in the footage—and found “many discrepancies” between the inventory on site and what was recorded in a state database. The inspector opened some storage totes to find them empty or full of “waste material.” (The OLCC declined to disclose the records identifying the discrepancies to WW, noting they were exempt from public disclosure.)

Read the full report at 

https://www.wweek.com/news/2023/12/20/a-beverly-hills-lawyer-invested-in-oregon-weed-not-all-of-the-crop-seems-to-have-stayed-in-oregon/



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