News & Analysis as of

Controlled Substances Act Interstate Commerce

Goodell, DeVries, Leech & Dann, LLP

The 2018 Farm Bill’s Effect on State Cannabis Laws

Whether you practice full time as a cannabis attorney, dabble in cannabis law, or are simply interested in the evolving federal views and laws on marijuana, you may have caught wind that the federal Agriculture Improvement...more

Harris Beach PLLC

Does Rescheduling Cannabis Make it Eligible for Interstate Commerce?

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Even with the expected rescheduling of cannabis from a Schedule I drug to a Schedule III drug, it will take more for it to be eligible for interstate commerce. Marijuana would remain subject to provisions of the Food,...more

Greenbaum, Rowe, Smith & Davis LLP

Will Rescheduling Cannabis Open the Industry to Increased Financing, Real Estate and Banking Opportunities?

On May 16, 2024, the U.S. Department of Justice (DOJ) issued its proposed rules to transfer cannabis from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. The DOJ’s proposal follows the U.S....more

Husch Blackwell LLP

Cannabis Litigation Update: Canna Provisions Case

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While the cannabis industry is closely following the recently published notice of proposed rulemaking from the Department of Justice (“DOJ”) and the Drug Enforcement Administration (“DEA”), which will move cannabis from a...more

Troutman Pepper

Lawsuit Highlights the Complexity of Regulating the Intrastate Use of Marijuana

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One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...more

Husch Blackwell LLP

Cannabis Law Now Podcast: The ‘CannaBoies' Lawsuit and Why it Matters

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On October 26, 2023, a group of large cannabis companies based in Massachusetts filed suit in the U.S. District Court for the Western District of Massachusetts against Merrick Garland, our current U.S. attorney general,...more

Husch Blackwell LLP

Cannabis Litigation Alert: Commerce Clause Back on Blast

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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

Vicente LLP

Cannabis Crossing State Lines: California Dept. of Cannabis Control Pushes for Interstate Commerce

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In 2022 the California legislature passed Senate Bill 1326, now codified at Section 26301, et seq. of the California Business and Professions Code, authorizing California to enter into “agreement(s) with another state or...more

Stark & Stark

Interstate Cannabis Commerce on the Horizon Thanks to California

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Despite the proliferation of in-state cannabis businesses and commerce, the sale and transportation of marijuana between and among states, even states with legal cannabis frameworks, remains federally prohibited due to the...more

Womble Bond Dickinson

Six Things You Need to Know About CBD and Other Hemp-containing Pet Products

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The trend toward state-level legalization of cannabis has led to a surge in cannabis-derived products and a continually evolving market with many types of cannabis products for people as well as their pets. Analysts predict...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2021: Budding Legislation – The Cannabis Administration and Opportunity Act

On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2021

[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more

Neal, Gerber & Eisenberg LLP

TTAB Decision Prevents Trademark Registration of CBD Dietary Supplements

Despite the 2018 Farm Bill’s relaxation of hemp regulation, and the fact that many states that have decriminalized or legalized cannabis and its derivatives, applicants still may face an uphill battle in obtaining federal...more

The Rodman Law Group, LLC

Marijuana, Hemp, CBD Shipping Guide for Consumers

Have you ever had a friend or family member ask you to ship them Edibles? Lotion? CBD? Something to help Aunt Sally’s sciatica? Shipping some of these things is not illegal, but it still can feel uneasy taking them to the...more

Ballard Spahr LLP

Banking Regulators Ease SAR Reporting Requirements Applied to Hemp-Related Businesses

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On December 3, 2019, four federal agencies – the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (“FDIC”), the Financial Crimes Enforcement Network (“FinCEN”), and the Office of the...more

Lowndes

Long-Awaited Guidance for Banking Hemp Clients Released

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Since the effective date of the 2018 Farm Bill, banking and the inability to acquire financing have been major impediments for the hemp industry. While demand for hemp continues to grow, banking regulations have still been...more

Foley & Lardner LLP

INSIGHT: New USDA Hemp Rule May Propel Production Around the Country

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The USDA’s interim final rule on hemp provides needed clarity and certainty around its legal production. At the same time, producers must ensure they are not running afoul of state or tribal requirements. Foley & Lardner LLP...more

WilmerHale

USDA Releases Interim Hemp Regulations

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On October 31, 2019, the US Department of Agriculture (USDA) released its long-awaited regulations governing hemp. Those regulations provide critical guidance to the hemp industry following the Agriculture Improvement Act of...more

Bradley Arant Boult Cummings LLP

USDA Issues Long-Awaited Interim Hemp Rule to Implement Farm Bill - Cannabis Industry News Alert

After 10 months of anticipation from the American hemp industry, on October 31, the United States Department of Agriculture (USDA) published its interim final rule (Rule) establishing the regulatory framework for hemp...more

Carlton Fields

You Can Transport Hemp Across State Lines, But State Governments May Object

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The federal government will not stop you from transporting hemp around the country. Unlike marijuana, which has high THC concentration, hemp has only 0.3 percent of the delta-9 THC concentration on a dry-weight basis. The...more

Ward and Smith, P.A.

Where There’s Smoke, There’s Fire: The Raging Legislative Battle Over Smokable Hemp

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Hemp and its derivatives – including hemp-derived cannabidiol ("CBD") – were previously classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA"). That changed in December 2018,...more

Ward and Smith, P.A.

Beer, Hemp, and CBD in North Carolina

Ward and Smith, P.A. on

The cannabidiol ("CBD") industry is exploding today. Hemp and hemp-derived CBD were classified as Schedule I controlled substances under the Controlled Substances Act of 1972 ("CSA") until the passage of the Agriculture...more

Burns & Levinson LLP

Jumping the Gun on CBD

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Over the past few months we have posted a number of articles regarding the 2018 Farm Bill and its effective “legalization” of non-psychoactive, cannabis-derived, cannabidiol (“CBD”). While CBD has indeed been removed from...more

Foster Garvey PC

Understanding the Patchwork of Regulatory Schemes of the Sale and Use of Hemp-Derived Products

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On December 20, 2018, President Trump signed into law the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”) to replace the expiring 2014 Farm Bill. The 2018 Bill, which passed with strong support in both the House...more

Farella Braun + Martel LLP

CBD in Foods and Beverages? Not Quite Yet

The 2018 Farm Bill may have laid the groundwork for getting CBD products on the shelves. On Oct. 27, 2018, the New York Times ran an article with the headline Why is CBD Everywhere?, noting that products infused with...more

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