News & Analysis as of

Farm Bill Marijuana

Bradley Arant Boult Cummings LLP

Meet the New Boss, Same as the Old Boss? The Impact of a Second Trump Presidency on American Cannabis Policy

The title of this post comes, of course, from The Who’s classic track “Won’t Get Fooled Again.” This post analyzes whether there is cause for worry on the part of cannabis operators – both marijuana and hemp – under a second...more

McGlinchey Stafford

Major Changes Could be in Store for Hemp in 2025

McGlinchey Stafford on

Proposed language in the next Farm Bill could substantially impact the hemp industry in the United States. The Farm Bill is an omnibus bill that governs agriculture and food and is renewed approximately every five years. The...more

Bradley Arant Boult Cummings LLP

Not My Problem: Connecticut Federal Court Rules Hemp Lawsuit Is a State Issue

I adore the film (and, as always, I stress the word “film”) Trading Places. It has it all: Eddie Murphy hitting his prime, a wonderfully smug Dan Akroyd, Jamie Lee Curtis doing her thing, and it’s all wrapped up in a...more

McDermott Will & Emery

Navigating the Buzz: How State Agencies Are Addressing Confusion Around Hemp and Low-Dose THC Beverages

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Hemp and low-dose delta-9 tetrahydrocannabinol (THC) beverages continue to flood the marketplace. Depending on the state, these products can be purchased in liquor stores, gas stations, grocery stores, bars, restaurants,...more

Foley Hoag LLP - Cannabis and the Law

Cajun Cannabinoid Amendments Not Spared from Spate of Legal Challenges

With certain hemp operators and trade groups enjoying varying degrees of success challenging new state laws and regulations governing intoxicating hemp products, copycat lawsuits are being filed around the country, including,...more

Bradley Arant Boult Cummings LLP

Federal Appeals Court Says Certain THC-O Products Are Legal Contrary to DEA Interpretation

The 1984 film The Terminator featured a deadly robot assassin who looked like a regular guy (if by “regular guy” you mean a young, jacked Arnold Schwarzenegger). The horror of it all was that the victims could not tell if the...more

Bradley Arant Boult Cummings LLP

South Carolina Clears Path for Hemp Beverages

It’s hard to be surprised when you’ve been writing and talking about government decisions about the cannabis industry over the past decade. But I’ll admit that my eyebrows raised when I read a recent letter from the solicitor...more

Bradley Arant Boult Cummings LLP

Missouri Cannabis Regulators Show Me a Well-Considered Clarification of Earlier Rule Essentially Banning Hemp Products

I can only assume that being a cannabis regulator is a challenging and usually thankless job. The laws are relatively new and constantly evolving. Operators are always pushing the science faster than regulators can promulgate...more

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

MarkIt to Market® – September 2024: Expanding Horizons: Potential Expansion of IP Rights for High-THC Cannabis Varieties

In the United States, the intellectual property rights system for plants is multifaceted, encompassing utility patents, plant patents, trademarks, and Plant Variety Protection (PVP) Certificates. These mechanisms offer...more

Foley Hoag LLP - Cannabis and the Law

Senate Wades Into the Muddy Waters of Intoxicating Hemp

With the persisting uncertainty surrounding the next iteration of the Farm Bill and its treatment of hemp-derived consumable products, perhaps it should come as no surprise that legislators on Capitol Hill have proposed...more

Seyfarth Shaw LLP

The Week in Weed: September 2024 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we’re taking a deep dive into the world of intoxicating hemp. We’ll check in on the latest attempts to...more

Vicente LLP

DEA Conducts Joint Raid in Texas on Vape Shops Selling High-THC Products

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On August 27, 2024, nine vape shops operating in Allen, Texas were shut down after the Allen Police Department executed warrants in coordination with the Collin County Sheriff’s Office and the Federal Drug Enforcement...more

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

Bradley Arant Boult Cummings LLP

Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit

When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more

Brooks Pierce

Brooks Pierce Capital Dispatch: Legislators Leave Raleigh After Passing Various Bills but Not a New Budget

Brooks Pierce on

After a busy week, legislators left Raleigh on Thursday for the foreseeable future. Although they did not pass a new 2024 budget bill, they did appropriate funds for certain purposes and are authorized to return later this...more

Troutman Pepper

Bridging Federal and State Cannabis Laws: Understanding the Impact of Proposed Changes and North Carolina’s Legislative Actions

Troutman Pepper on

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

McGlinchey Stafford

DEA Proposes Rule to Reschedule Marijuana: Key Definitions

McGlinchey Stafford on

On May 16, 2024, the Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The rule was published...more

Akin Gump Strauss Hauer & Feld LLP

High Stakes: HHS Shakes Things Up on Marijuana Scheduling and DEA Abides

On May 16th, the U.S. Drug Enforcement Administration (DEA) issued a Notice of Proposed Rulemaking (NPRM) to initiate the rescheduling of marijuana from a Schedule I to a Schedule III drug. The NPRM, which was published in...more

Seyfarth Shaw LLP

The Week in Weed: May 2024 # 5

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we have updates on two stories from last week: the hemp loophole in the Farm Bill and the legalization...more

Mintz

Rescheduling Madness: Key Takeaways from the Proposed Rule to Reschedule Marijuana under the CSA

Mintz on

Moving marijuana under the Controlled Substances Act (“CSA”) from Schedule I to Schedule III will bring celebrated changes to the beleaguered state-sanctioned cannabis industries currently operating in 37 states, but will...more

Bradley Arant Boult Cummings LLP

FDA Chief Says CBD Is Not NBD, Urges Congressional Action

Supporters of hemp-derived cannabidiol (CBD) who hoped the Food and Drug Administration would adopt a more progressive view of CBD were disappointed when FDA Chief Robert Califf recently testified that FDA does not consider...more

Bradley Arant Boult Cummings LLP

Will Hemp Save the World, Before the Government Kills It?

There is a great line in the wonderful film Charlie Wilson’s War, where Charlie Wilson (played remarkably by the inimitable Tom Hanks) describes the successful, if relatively covert, involvement of the United States...more

Husch Blackwell LLP

Cannabis Law Now Podcast: THC Infused Beverages: Cantrip's Journey Through the Hemp-Derived Looking Glass

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In 2023, Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then, there’s been an influx of “THC Beverages” hitting the marketplace, including in interstate commerce. How is this legally possible, and...more

Cozen O'Connor

AGs Urge Congress to Clarify Hazy Language in 2018 Farm Bill

Cozen O'Connor on

A bipartisan coalition of 21 AGs wrote a letter urging Congress to clarify the language in the 2018 Farm Bill, which is up for reauthorization this year, to address potential loopholes that have allowed bad actors to saturate...more

Bradley Arant Boult Cummings LLP

Arizona Attorney General Deems Delta-8 and Delta-10 Controlled Substances in Controversial Opinion

Novel psychiatric cannabinoids legalized by the 2018 Farm Bill remain under attack by state regulators. Most recently, the Arizona attorney general opined that “Arizona law does not permit the sale of delta-8 and other...more

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