Marijuana legislation is continuing to evolve in the new year across jurisdictions throughout the U.S. Below, we dive into a brief survey of notable changes to marijuana legislation across the U.S. during the first three...more
1/24/2025
/ Agribusiness ,
Cannabis Products ,
Controlled Substances ,
Decriminalization of Marijuana ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Proposed Legislation ,
Recreational Use ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures
In recent years, federal and state governments have taken action to make marijuana research easier. These actions are a step in the right direction, and researchers operating in the marijuana space must be aware of the...more
10/4/2024
/ Agribusiness ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Final Rules ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Recreational Use ,
Regulatory Requirements ,
Research and Development ,
Scientific Research ,
State and Local Government ,
THC
The proposed rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) marks a pivotal moment in the evolution of U.S. cannabis policy but may bring few practical changes to...more
8/8/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Justice (DOJ) ,
Final Rules ,
Legalization ,
Marijuana ,
Marijuana Related Businesses ,
Notice of Proposed Rulemaking (NOPR) ,
Plant Based Products ,
Proposed Rules ,
Recreational Use ,
Schedule I Drugs ,
State and Local Government
In May, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking to transfer cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), a change that could significantly affect current...more
7/25/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government ,
THC
Among the two most widely reported federal changes to cannabis regulation are the Department of Justice’s (DOJ) proposed regulation for the federal rescheduling of marijuana (the Proposed Rescheduling) and amendments to the...more
6/26/2024
/ Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Farm Bill ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Plant Based Products ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Rohrabacher-Farr Amendment ,
Schedule I Drugs ,
THC
Introduction -
The medicinal and recreational use and popularity of marijuana has continuously grown throughout the U.S. since Oregon became the first state to decriminalize marijuana in 1973. To date, thirty-eight states...more
5/30/2024
/ Cannabis Products ,
Client Services ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Legal Representatives ,
Licensing Rules ,
Marijuana ,
Medical Marijuana ,
Plant Based Products ,
Recreational Use ,
Retail Market ,
Schedule I Drugs ,
State and Local Government
Only one day after reports surfaced that the Drug Enforcement Administration (DEA) will proceed with rescheduling cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), Senators Charles Schumer...more
5/29/2024
/ Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Legalization ,
Marijuana ,
Medical Marijuana ,
Proposed Legislation ,
Regulatory Agenda ,
Schedule I Drugs ,
Tax Liability ,
Tax Reform
The various forms of information reporting required by the Internal Revenue Code form the backbone of both voluntary compliance with tax laws and the starting point for audits by the Internal Revenue Service (IRS). One form...more
4/17/2024
/ Business Taxes ,
Cannabis-Related Businesses (CRBs) ,
Cash Transactions ,
Controlled Substances ,
Dispensaries ,
Fifth Amendment ,
Internal Revenue Code (IRC) ,
IRS ,
Marijuana Related Businesses ,
Reporting Requirements ,
Required Forms ,
Retail Market ,
Tax Liability
The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones.
Originally published in Law360 - January 5,...more
4/5/2024
/ Attorney-Client Privilege ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Discovery ,
Exemptions ,
FOIA ,
Interagency Guidance ,
Marijuana ,
Motion for Summary Judgment ,
Records Request ,
Redacted Documents
Attorneys general (AG) from 20 states and the District of Columbia have submitted a letter to Congress requesting that federal lawmakers close the “loophole” created by the 2018 Farm Bill that is widely understood to prohibit...more
4/4/2024
/ Cannabis Products ,
Congressional Committees ,
Controlled Substances ,
Controlled Substances Act ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Plant Based Products ,
Regulatory Agenda ,
State Attorneys General ,
THC
In the grand experiment of American democracy, it is often said that states serve as laboratories, testing policies that challenge the status quo without risking the stability of the whole. Oregon, known in recent years for...more
3/19/2024
/ Controlled Substances ,
Criminal Liability ,
Drug & Alcohol Abuse ,
Legalization ,
Opioid ,
Oregon ,
Pending Legislation ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Health ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures
Although the possession and sale of cannabis remain federally illegal under the Controlled Substances Act, the U.S. Department of Justice has largely exercised a general policy of nonprosecution for state-regulated cannabis...more
3/4/2024
/ Agribusiness ,
Bankruptcy Code ,
Bankruptcy Court ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Creditors ,
Debtors ,
Department of Justice (DOJ) ,
Financial Distress ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Plant Based Products ,
Recreational Use ,
State and Local Government ,
THC
On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more
2/23/2024
/ Agribusiness ,
Article III ,
Breach of Contract ,
Business Disputes ,
Business Litigation ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Damages ,
Federal v State Law Application ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Motion to Vacate ,
RICO ,
Standing ,
Subject Matter Jurisdiction
Whether you believe that cannabis legalization has occurred too quickly or too slowly, one thing is certain: recent developments herald a potentially seismic shift in federal cannabis policy in the U.S. Reflecting on our...more
2/7/2024
/ Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Healthcare ,
Legalization ,
Marijuana ,
Medical Marijuana ,
Regulatory Oversight ,
Regulatory Reform ,
Schedule I Drugs
The marijuana industry has seen exponential growth over the past few years. However, the federal prohibition of marijuana poses significant challenges for businesses in this sector, in terms of payment processing and banking....more
1/11/2024
/ Agribusiness ,
Controlled Substances ,
Cryptocurrency ,
Dispensaries ,
Financial Services Industry ,
FinTech ,
Internal Revenue Code (IRC) ,
IRS ,
Marijuana ,
Marijuana Related Businesses ,
Tax Code
The cannabis industry has experienced significant growth over the past decade, with increasing numbers of states legalizing both medical and recreational use. Currently, cannabis is legal for adults in 24 states and the...more
1/10/2024
/ Agribusiness ,
Business Taxes ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Dispensaries ,
Federal Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Legalization ,
Marijuana Related Businesses ,
Medical Marijuana ,
Recreational Use ,
Regulatory Oversight ,
State and Local Government ,
State Taxes ,
Tax Liability
The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. In the U.S., the primary mechanism by which...more
12/13/2023
/ Attorney-Client Privilege ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
FOIA ,
Government Agencies ,
Legalization ,
Marijuana ,
Motion for Summary Judgment ,
Public Interest ,
Public Records ,
Regulatory Reform ,
State Attorneys General ,
Transparency
The legal marijuana industry has grown rapidly in the U.S., with 38 states, three territories, and the District of Columbia legalizing its use for medical and/or recreational purposes. However, despite the industry’s growth,...more
11/30/2023
/ Agribusiness ,
Controlled Substances ,
Controlled Substances Act ,
Cryptocurrency ,
Decriminalization of Marijuana ,
Dispensaries ,
Financial Institutions ,
Marijuana ,
Marijuana Related Businesses ,
Mobile Payments ,
Retail Market ,
Stablecoins
Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more
11/15/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
License Agreements ,
Marijuana ,
Marijuana Related Businesses ,
THC ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
Though controversial, cannabis has steadily grown into a booming industry. Despite this rapid growth and the legalization of cannabis in numerous states, cannabis is still classified as a Schedule I drug under the Controlled...more
10/25/2023
/ Agribusiness ,
Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Plans ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Bankruptcy ,
Controlled Substances ,
Debtors ,
Financial Distress ,
Insolvency ,
Marijuana ,
Marijuana Related Businesses ,
Popular ,
Receivership ,
Regulatory Oversight
On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more
9/26/2023
/ Anti-Commandeering ,
Cannabis Products ,
Connecticut ,
Constitutional Challenges ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Federal v State Law Application ,
Legalization ,
Legislative Agendas ,
Preemption ,
Regulatory Oversight ,
State and Local Government ,
State Legislatures