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It’s Game Time for Cannabis Reform

March has been a big month for cannabis reform and the $40 billion state-regulated marketplace. President Biden mentioned cannabis reform and his administration’s efforts to reschedule the substance in his State of the...more

HHS Releases Memorandum Recommending Rescheduling Marijuana to Schedule III

On January 12, 2024, a 252-page memorandum from the U.S. Department of Health & Human Services (“HHS”) was publicly released. This memorandum, dated August 29, 2023, portends a potential monumental shift in the regulation of...more

Ohio voters approve adult-use cannabis referendum

After Tuesday’s election, Ohio is the latest state to legalize adult-use cannabis despite opposition from Republican Governor Mike DeWine and several trade groups. Voters approved State Issue 2 with 57% voting in favor...more

Cannabis Legal Report - October 2023

SAFER Banking Act Heads to Senate Floor - On September 27, the Secure and Fair Enforcement Regulation (SAFER) Banking Act (S.2860) was reported out from the Senate Committee on Banking, Housing, and Urban Affairs with...more

Cannabis Legal Report – October 2023

State Cannabis Regulators Urge Congress to Act on Hemp - The Cannabis Regulators Association (CANNRA) issued an open letter on September 15, 2023, calling on Congress to enact regulations that address safety concerns for...more

Cannabis Legal Report – September 2023

New York State Regulators Approve Final Adult-Use Regulations as Judge Bars New York State From Issuing New Cannabis Licenses - On September 12, state regulators approved final adult-use regulations and set October 4 as...more

Cannabis Legal Report - August 2023

Congressional Activity—New Hearing and Bipartisan Bill on Hemp - On July 20, the Hemp Access and Consumer Safety Act was reintroduced in Congress with bipartisan support from co-sponsors Sen. Ron Wyden, D-Ore., Sen. Rand...more

Cannabis Legal Report - July 2023

FDA and FTC Issue Cease and Desist Letters to Companies Selling Delta-8 Edibles - On July 5, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) jointly sent cease and desist letters to six companies...more

Cannabis Legal Report - June 2023 #2

DEA Announces New Guidance for Synthetic Cannabinoids - On June 9, the U.S. Drug Enforcement Administration (DEA) issued a letter in response to a request for information about the scheduling status of minor and synthetic...more

Cannabis Legal Report - May 2023 #2

SAFE Banking Updates - The latest iteration of the bipartisan Secure and Fair Enforcement (SAFE) Banking Act was reintroduced in Congress on April 26, 2023, and received a hearing before the Senate Banking Committee on May...more

Cannabis Legal Report - May 2023

SAFE Banking Gets a Senate Hearing - The Senate Banking Committee has scheduled a hearing on May 11 for the bipartisan Secure and Fair Enforcement (SAFE) Banking Act. The hearing will involve both Republican and Democrat...more

Cannabis Legal Report - April 2023 #2

Tenth Circuit Upholds Licensing Agency’s Discretion When Awarding Cannabis-Related Licenses - The U.S. Court of Appeals for the Tenth Circuit upheld the dismissal of a suit on April 18, 2023, challenging the Utah...more

Cannabis Legal Report - April 2023

US Sentencing Commission Seeks Amendment To Allow for More Lenient Treatment for People With Prior Cannabis Convictions - The U.S. Sentencing Commission approved a series of amendments to current sentencing guidelines on...more

Cannabis Legal Report - March 2023 #3

Two Bipartisan Bills Introduced to Regulate CBD - Representatives Morgan Griffith (R-VA) and Angie Craig (D-MN) reintroduced the Hemp and Hemp-Derived Cannabidiol (CBD) Consumer Protection and Market Stabilization Act of...more

Cannabis Legal Report - March 2023 #2

Attorney General Garland Testifies Before Senate Judiciary Committee - U.S. Attorney General Garland testified before the Senate Judiciary Committee on March 1, 2023. In response to a question from Sen. Cory Booker (D-NJ),...more

Cannabis Legal Report - March 2023

Cannabis: In Focus - - DEA Classifies Two Lab-Derived Cannabinoids as Schedule I - Washington Federal Judge Dismisses Suit Challenging Residency Requirements...more

Cannabis Legal Report - February 2023

Seattle Federal Court Dismisses Dormant Commerce Clause Challenge - A Seattle-based federal court dismissed a challenge to a state residency requirement to hold equity in Washington state cannabis businesses. The...more

FDA Releases Guidance on Clinical Research into Cannabis-Derived Drugs

The U.S. Food and Drug Administration (FDA) recently released new guidance on sourcing and product quality to companies conducting clinical research related to the development of human drugs involving cannabis or...more

Cannabis Legal Report - January 2023 #2

FDA Rejects Citizen Petitions, Declines To Regulate CBD as a Dietary Supplement - The U.S. Food and Drug Administration (FDA) announced its conclusion that a new regulatory pathway for cannabidiol (CBD) is needed on...more

Preventing Accidental Exposure of Illicit Cannabis Products to Underage Consumers

Earlier this month, the medical journal Pediatrics published a new study analyzing reports of accidental child exposure to cannabis edibles from 2017 – 2022, finding that the number of young children accidentally ingesting...more

New York Cannabis Co. Investor Suit Survives Motion To Dismiss

The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and...more

Cannabis Legal Report - January 2023

New York City Attempts to Crack Down on Illicit Cannabis Market - During a council hearing on Jan. 18, 2023, New York City lawmakers and law enforcement officials discussed the need for tackling the city’s illicit cannabis...more

Poll: Majority of American Voters Support Federal Legalization of Cannabis

A December 2022 survey from Data for Progress reports that American voters, regardless of political affiliation, support federal cannabis legalization. Specifically, 75% of Democrats, 67% of independents, and 52% of...more

Cannabis Legal Report – December 2022

Biden Signs Historic Cannabis Research Bill Into Law - On December 2, 2022, President Biden signed the bipartisan Medical Marijuana and Cannabidiol Research Expansion Act...more

FDA Issues New Warning Letters to Companies Making CBD and Delta-8 THC Edibles

On November 16, 2022, the Food and Drug Administration (FDA) issued five new warning letters to various companies making edible products containing cannabidiol (CBD) and/or Delta-8-tetrahydrocannabinol (THC)...more

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