The biggest legal shift in the cannabis industry in decades just occurred on the heels of the Drug Enforcement Administration’s (DEA) proposal for cannabis rescheduling. Specifically, as many anticipated, the DEA will...more
5/1/2024
/ Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Internal Revenue Code (IRC) ,
Marijuana ,
Medical Marijuana ,
OMB ,
Popular ,
Recreational Use
Earlier this year, hemp was included in the USDA’s Census of Agriculture. When hemp was first legalized in 2018, there was a boom in production under the fervor of new opportunities, spearheaded by the demand for CBD...more
On October 6, 2022, President Biden made a statement in which he asked the Secretary of Health and Human Services (HHS) and the Attorney General to review how marijuana is scheduled under federal law. In his statement, the...more
Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the same time, the SAFER...more
10/30/2023
/ Cannabis Products ,
Commerce Clause ,
Controlled Substances Act ,
Department of Health and Human Services (HHS) ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Medical Marijuana ,
Regulatory Reform ,
Schedule I Drugs ,
SCOTUS
On May 3, 2023, the federal Trademark Trial and Appeal Board (the “TTAB”)—the entity responsible for handling disputes over the issuance of trademarks on a nationwide level—issued a precedential opinion in In re National...more
While AK Futures LLC v. Boyd St. Distro, LLC (9th Cir. May 19, 2022) may seem like a golden opportunity for companies in the intoxicating hemp market, it is unlikely to be much of a windfall beyond the near future. Those...more
As mentioned in the first post of this series, it is unlikely that AK Futures LLC v. Boyd St. Distro, LLC (9th Cir. May 19, 2022) will be viewed as the conclusive victory that some in the delta-8 THC arena are hoping for. In...more
The debate surrounding delta-8 THC and the proper regulation of intoxicating hemp products has accelerated greatly over the last several months, fueled by multiple court decisions, federal policy actions, and new state laws....more
In this episode of The Grass is Greener podcast, Husch Blackwell’s Marshall Custer has an engaging discussion with cannabis industry founding father Andy Williams – CEO of Medicine Man and MedPharm Holdings. Andy discusses...more
In this episode of The Grass is Greener: Cannabis Law News, Husch Blackwell cannabis attorneys Marshall Custer and Alyssa Samuel dive into ESG and what it means for the cannabis industry, specifically the regulated marijuana...more
The cannabis industry has exploded in the past decade, from a taboo topic to a multi-billion dollar industry. As the legal cannabis industry continues to evolve, it is crucial to stay on top of industry trends and the...more
Key Takeaways:
•The recently released IPCC Report shows irreversible harm to the global ecosystem.
•Fund managers focused on ESG criteria will have an increased focus on environmentally conscious companies and substantial...more
8/11/2021
/ Cannabis-Related Businesses (CRBs) ,
Climate Change ,
Department of Environmental Conservation ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Investment Funds ,
Marijuana Regulation & Taxation Act (MRTA) ,
Popular ,
Renewable Energy ,
Sustainability ,
United Nations ,
Wineries
The Marijuana Regulation & Taxation Act (the “Act”) was signed into law by Governor Andrew Cuomo on March 31, 2021. Not only does the Act create the foundation for the adult-use marijuana program, it contains sweeping changes...more
5/26/2021
/ Governor Cuomo ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Regulation & Taxation Act (MRTA) ,
Medical Marijuana ,
Minority-Owned Businesses ,
New York ,
Recreational Use ,
State and Local Government ,
Tax Revenues ,
THC ,
Women-Owned Businesses
The U.S. Food and Drug Administration (FDA) issued Warning Letters this month to two companies concerning the marketing and sale of over-the-counter (OTC) drug products containing cannabidiol (CBD) as an inactive ingredient....more
3/24/2021
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Enforcement ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Marketing ,
Misleading Impressions ,
Misleading Statements ,
Over The Counter Drugs (OTC) ,
Warning Letters
On Thursday April 23, 2020, Representatives Earl Blumenauer (D-OR) and Ed Perlmutter (D-CO) introduced the “Emergency Cannabis Small Business Health and Safety Act” in the House. Blumenauer and Perlmutter have been...more
The below discussion is an analysis of the current legal environment related to the recent COVID-19 pandemic. This analysis highlights the ability of both medical and retail businesses to continue operating in light of...more
On March 17, the Colorado Department of Public Health and Environment (CDPHE) issued a public health order to close bars, restaurants, gyms, theaters and casinos for 30 days in an effort to slow the spread of the COVID-19...more