I adore the film (and, as always, I stress the word “film”) Trading Places. It has it all: Eddie Murphy hitting his prime, a wonderfully smug Dan Akroyd, Jamie Lee Curtis doing her thing, and it’s all wrapped up in a...more
10/31/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
CUTPA ,
Dispensaries ,
Farm Bill ,
Federal v State Law Application ,
Hemp ,
Hemp Related Businesses ,
Legislative Agendas ,
Litigation Strategies ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Agenda ,
State and Local Government
Legend has it that Alice Cooper originally titled his hit “Preschool’s Out Forever.” I made that up, but it occurred to me when I read a headline from Law360 that read “Under Pot Law, Preschool Isn’t ‘School,’ Ariz. Court...more
Believe it or not, I actually spend a lot of time deciding whether something is worth taking the time to write about. Cannabis news is developing as rapidly as any area of the law, and there are only so many hours in a day....more
As you read along here, try this mantra: Trust your eyes. Don’t allow yourself to be gaslit. You may recall from our previous post that we think the United States Supreme Court could overrule the marijuana provisions of the...more
Even the most responsible hemp operator should understand that it operates in a world full of risk. But I doubt many of them believe they might be accused of racketeering. Last week, the U.S. Supreme Court heard arguments...more
10/22/2024
/ Business Litigation ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Corrupt Organizations Act (COA) ,
Dispensaries ,
Hemp ,
Hemp Related Businesses ,
Labeling ,
Marijuana ,
Marijuana Related Businesses ,
Racketeering ,
RICO
The 1984 film The Terminator featured a deadly robot assassin who looked like a regular guy (if by “regular guy” you mean a young, jacked Arnold Schwarzenegger). The horror of it all was that the victims could not tell if the...more
When you work in the cannabis business, you get used to answering questions that don’t always make sense. One question we get most often is whether an employee can use a legal product that nonetheless may cause the employee...more
As she did just prior to becoming the Democratic Party nominee for president, Vice President Kamala Harris has announced her support for legalizing adult-use marijuana use at the federal level. Just to remind you of the...more
We at Budding Trends have devoted thousands of words (and nearly as many pop culture references) to the escalating tension between the marijuana and hemp industries. It seems that to many in the cannabis industry this is a...more
10/11/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Reform
During this time of great tension and competition between the marijuana and hemp industries, it is refreshing to see efforts at compromise. The initial draft of the Cannabinoid Safety and Regulation Act, proposed last week by...more
10/7/2024
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
State and Local Government
It’s hard to be surprised when you’ve been writing and talking about government decisions about the cannabis industry over the past decade. But I’ll admit that my eyebrows raised when I read a recent letter from the solicitor...more
Cannabis consumers can be forgiven for feeling the need for a more liberal cannabis policy as they weather this seemingly unending campaign cycle. Republican presidential candidate Donald Trump recently made clear how he...more
I can only assume that being a cannabis regulator is a challenging and usually thankless job. The laws are relatively new and constantly evolving. Operators are always pushing the science faster than regulators can promulgate...more
9/30/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
Farm Bill ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Oversight ,
State and Local Government ,
State Bans ,
State Legislatures
I guess if you do this job long enough, you’ll see just about everything. This time, it’s the attorney general of Mississippi wading into the legality of beverages containing hemp. And it’s a doozy....more
9/26/2024
/ Beverage Manufacturers ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Hemp ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
State and Local Government ,
State Attorneys General
The DOOBIE Act – yes, you read that correctly – could soon become law. While the law isn’t as fun as it might sound to certain cannabis enthusiasts, it would substantially change the hiring practices of the federal government...more
9/24/2024
/ Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Employment Policies ,
Government Agencies ,
Hiring & Firing ,
Legalization ,
Legislative Agendas ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Recreational Use ,
State Labor Laws
There’s a great scene towards the end of The Shawshank Redemption – which Budding Trend readers know is one of the greatest films ever made – where the character played by Tim Robbins encourages the Morgan Freeman character:...more
What if I told you that California of all places – where virtually any adult can purchase marijuana on demand – was trying to harsh the mellow of citizens trying to access certain hemp-derived products? On the next 30 for 30,...more
They say the first step is admitting you have a problem. My name is Whitt, and I’m a recovering litigator. I’ve spent years sending ugly letters and playing a zero-sum game with strangers, and it generally didn’t lead to a...more
Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law.
A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to...more
9/12/2024
/ Business Development ,
Business Litigation ,
Business Operations ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Dispute Resolution ,
Entrepreneurs ,
Investment ,
Investors ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
State and Local Government
Over the past nearly two years, I have been talking to friends, clients, and basically anyone at parties about the slow progress (if I might be permitted to use that word in this context) of the Alabama medical cannabis...more
9/10/2024
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government ,
State Legislatures
We at Budding Trends have been optimistic, and then cautiously optimistic, that the legalization of psychedelics was close. This month, however, the U.S. Food and Drug Administration dealt a blow to our predictions. FDA...more
Not every blog post contains earth-shattering news. Count this among that group, but I encourage you not to ignore the implications and possibly the forecasting for cannabis operators in litigation going forward in this...more
The Alabama medical cannabis program has been FUBAR for a while now, but there was at least some good news for two applicants last week....more
8/13/2024
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government ,
State Legislatures
While marijuana advocates celebrate the potential rescheduling of marijuana from Schedule I to Schedule III, the taxman has made clear that marijuana remains a Schedule I substance subject to Section 280E of the Internal...more
Avid readers know we have speculated that the legalization of psychedelics as a prescription medicine was “closer than ever.” Unfortunately, for proponents of the legalization of psychedelics like MDMA, progress is rarely a...more