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Not My Problem: Connecticut Federal Court Rules Hemp Lawsuit Is a State Issue

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

Arizona Court Says Preschool Isn’t School, Showing That Sometimes There Isn’t a “Right” Decision

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

Michigan Court Prohibits Sale of Illegal Marijuana in a Ruling Straight Out of “Duh” Magazine

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

Update: Federal Government Tells You to Believe What It Says, Not What It Does, in Case That Could Invalidate Federal Marijuana...

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

Wait? My CBD Business May Be Racketeering? A Potential Existential Crisis We Have Been Warning About

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

Federal Appeals Court Says Certain THC-O Products Are Legal Contrary to DEA Interpretation

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

Federal Appeals Court Upholds “Zero-Tolerance” Cannabis Policy Under North Carolina Law

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

Does Kamala Harris Support Marijuana Legalization? Squaring Words with Actions in an Evolving Political Environment

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

Why Can’t Weed Be Friends? How Marijuana and Hemp Businesses Can Both Win, and Win America

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

Senate Proposal Would Closely Regulate, Not Ban Most Hemp Products

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

South Carolina Clears Path for Hemp Beverages

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

Trump Expresses Support for Marijuana Reform, Coy on Psychedelics

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

Missouri Cannabis Regulators Show Me a Well-Considered Clarification of Earlier Rule Essentially Banning Hemp Products

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

Mississippi Attorney General Deems Hemp Beverages Impermissible in Controversial Opinion, Highlighting Ongoing Tension Between the...

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

Senate Proposal Would Weed Out Prior Marijuana Use for Federal Job Applicants

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

DEA Announces Marijuana Rescheduling Hearing Following Elections and the Stakes Are Hugely Consequential

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

California Bans Most Hemp Products and Illuminates Battle Between Hemp and Marijuana Businesses

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

Cannabis and Civil Litigation: Has the Cannabis Industry Finally Met Its Most Dangerous Foe?

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

Federal Appeals Court: Pay That Man His Money, Unless That Money Is Illegal Marijuana Money

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

Alabama Court Signals Possible Willingness to Allow Medical Program to Move Forward in Part

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

The Bright Side of the Road: FDA Decision on MDMA Leaves Psychedelic Therapy Down, Far From Out

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

Cannabis Businessman Learns the Perils of the Not-So “Fine Print” – A Sobering Lesson For Us All

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

It Ain’t Over ‘til It’s Over: IRS reminds Taxpayers That Section 280E Applies to Marijuana Companies Until Rescheduling Becomes...

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

MDMA DOA at FDA Advisory Committee

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

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