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Despite its legality in California, marijuana is still considered a Schedule 1 drug under the United States Controlled Substances Act. [24] This means that federal prosecutors are allowed to decide to arrest and prosecute cannabis users and sellers who are in accordance to California law but not federal law. [25]
There is no evidence that the law was ever used or intended to restrict pharmaceutical cannabis; instead it was a legislative mistake, and in 1915 another amendment [62] forbade the sale or possession of "flowering tops and leaves, extracts, tinctures and other narcotic preparations of hemp or loco weed (Cannabis sativa), Indian hemp" except ...
After banning hemp products that contain THC and other intoxicating compounds, California regulators are starting to crack down, catching retailers by surprise.
Cannabis and tetrahydrocannabinols remain a Schedule I drug (no medical use) in California [130] and are subject to criminal penalties ranging from misdemeanor or felony probation up to 3 years in prison for maintaining a place for controlled substance sale or use under California Health & Safety Code Section 11366. [131]
While hemp and cannabis as plants are closely related cousins to one another in the same botanical family, California and the U.S. have tried to regulate them quite differently.
Reg Wydeven is a partner with the Appleton-based law firm of McCarty Law LLP. He writes a weekly column for The Post-Crescent.
The 2018 Farm Bill changed federal policy regarding hemp, including the removal of hemp from the Controlled Substances Act and the consideration of hemp as an agricultural product. The bill legalized hemp under certain restrictions and defined hemp as the plant species Cannabis sativa L. with a delta-9 tetrahydrocannabinol (THC) concentration ...
Cannabis businesses sued a California public health agency in September to block the enforcement of emergency regulations that ban certain hemp products.