News & Analysis as of

Controlled Substances Act Interstate Commerce Decriminalization of Marijuana

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

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

Troutman Pepper Locke

Lawsuit Highlights the Complexity of Regulating the Intrastate Use of Marijuana

Troutman Pepper Locke on

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

Husch Blackwell LLP on

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

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

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

Ballard Spahr LLP on

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

Lowndes on

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

Carlton Fields

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

Carlton Fields on

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

Ward and Smith, P.A. on

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

Foster Garvey PC

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

Foster Garvey PC on

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

Stoel Rives LLP

‘Use Caution’ When Shipping Hemp Across State Lines

Stoel Rives LLP on

Despite the December passage of the 2018 Farm Bill, the legal status of hemp cultivation and transportation across the United States remains murky....more

Sheppard Mullin Richter & Hampton LLP

The Farm Bill’s Impact on Hemp and CBD – and How Some States are Reacting

While the legal landscape continues to evolve in the cannabis industry, making entry into the space a potentially risky proposition, the passage of the Agriculture Improvement Act of 2018 (the “Farm Bill”) can be a real game...more

Harris Beach Murtha PLLC

Despite Lawful Use in Commerce, Hemp and CBD Trademarks May Still Face Rejection

In a previous Legal Alert, we covered the removal of one impediment to federal trademark registration for hemp/CBD products: namely, that hemp/CBD products will no longer be outlawed by the Controlled Substances Act and will...more

Holland & Knight LLP

The Road Ahead for Cannabis-Derived Goods

Holland & Knight LLP on

• By defining hemp broadly – to include seeds, derivatives, cannabinoids, extracts and other parts of the Cannabis sativa L. plant – and giving states the authority to establish and regulate their own industrial hemp...more

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