News & Analysis as of

Marijuana Constitutional Challenges

Bradley Arant Boult Cummings LLP

No Funny Business: The Supreme Court Should Get Sirois

As you might have guessed from the title of this post, we are returning to cover new developments in the United States v. Sirois case. A few months ago, the First Circuit released an opinion that we discussed in an earlier...more

Shipman & Goodwin LLP

Mandatory Labor Peace Agreements Challenged In Oregon Court

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Last week, an adult-use cannabis processor and retailer filed suit to challenge the constitutionality of a new Oregon law that now requires entry into a labor peace agreement for licensure. A labor peace agreement does not...more

Falcon Rappaport & Berkman LLP

Not So Fast, Court Tells New York City Sheriff’s Office – Court Issues Injunction Ordering Immediate STOP to “Unconstitutional”...

Recently, New York State Supreme Court Justice Thomas Marcelle ordered an immediate halt to warrantless searches of licensed hemp retailers. These searches had been conducted in connection with raids targeting smoke shops and...more

Bradley Arant Boult Cummings LLP

Will 2025 Continue Circuit Court Harmony in Nationwide Litigation Involving State Law Hemp Legislation, or Will a Circuit Split...

You’ve probably seen the reports of the United States Fourth Circuit Court of Appeals’ January 7, 2025 opinion upholding a Virginia law that regulates consumable hemp products. I planned to put up a blog post soon after the...more

Troutman Pepper Locke

Federal Appeals Court Deals Another Blow to Intoxicating Hemp Products in Virginia

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On January 7, the U.S. Court of Appeals for the Fourth Circuit found that Virginia’s hemp product restrictions do not violate federal law. The ruling is the latest defeat for the Virginia hemp industry’s efforts to overturn...more

Bradley Arant Boult Cummings LLP

Federal Court Rules That Illegal Acts Are Legal Because They Are Illegal: Cannabis Law in a Nutshell

I would love to hear from our award-winning readers if they are aware of a scenario when doing something illegal is legal because it’s illegal.  Another federal court in California ruled last week that the dormant Commerce...more

Bradley Arant Boult Cummings LLP

Update: Federal Government Tells You to Believe What It Says, Not What It Does, in Case That Could Invalidate Federal Marijuana...

As you read along here, try this mantra: Trust your eyes. Don’t allow yourself to be gaslit. You may recall from our previous post that we think the United States Supreme Court could overrule the marijuana provisions of the...more

Benesch

Cannabis Industry Quarterly Update: Q2 2024

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Biden administration formally proposes moving marijuana to Schedule 3 - Attorney General Merrick Garland has proposed reclassifying marijuana to Schedule III of the Controlled Substances Act, following President Biden's...more

Troutman Pepper Locke

Colorado Cannabis Company Challenges Recent Revisions to the State’s Marijuana Tracking Regulations

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A Colorado manufacturer of cannabis-infused edible products is suing the Marijuana Enforcement Division (MED) of the Colorado Department of Revenue (CDOR) to challenge the validity of recent revisions to its inventory...more

Foley Hoag LLP - Cannabis and the Law

Litigation Update: Maryland District Court Finds that ‘Dormant Commerce Clause’ Does not Apply to Adult-Use Cannabis in Maryland,...

We have an update about the recent lawsuit challenging the constitutionality of the Maryland Cannabis Administration’s (MCA’s) Social Equity Program. To recap, on January 26, 2024, a California-based attorney filed suit...more

Carr Maloney P.C.

Federal Criminal Prohibition on Cannabis Unconstitutional? A Case to Watch

Carr Maloney P.C. on

Tired of waiting on Congress to act, in October 2023, several Massachusetts cannabis business owners, Canna Provisions, Inc., Gyasi Sellers, Wiseacre Farm, Inc., and Verano Holdings Corp, filed suit in a Massachusetts federal...more

Troutman Pepper Locke

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

Bradley Arant Boult Cummings LLP

Is the Access to Medical Marijuana a Fundamental Right?

We write blog posts about cannabis, but most of the time the posts are about things that are happening in the cannabis world. This post is about whether something should happen in the cannabis world. Specifically, should...more

Sheppard Mullin Richter & Hampton LLP

New Litigation Continues to Challenge the Social Equity and Scoring Process of the Illinois Cannabis Regulation And Tax Act

The Illinois Cannabis Regulation and Tax Act (“CRTA”), which was enacted in 2019, legalized recreational adult use cannabis in Illinois. The CRTA also created a Social Equity Program intended to offer disadvantaged people,...more

Bradley Arant Boult Cummings LLP

High Cotton: The Emergence of a Southern Cannabis Industry

When Neil Young wrote that “Southern change gonna come at last,” he wasn’t talking about cannabis— but he might as well have been in light of the recent and extraordinary developments in the cannabis industry in the southern...more

Bradley Arant Boult Cummings LLP

South Carolina’s Medical Marijuana Bill Ruled Unconstitutional, but Sponsor Vows to Keep Fighting

On May 4, 2022, South Carolina’s medical marijuana bill — SB 150, also known as the South Carolina Compassionate Care Act — was ruled unconstitutional by the state’s House of Representatives. The constitutional challenge...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

South Dakota Judge Nips Recreational Marijuana in the Bud: Holds Amendment A Unconstitutional

Last November, South Dakota voters approved Amendment A, which allowed for the recreational use of marijuana by individuals 21 years and older (and for possession of up to 1 ounce). On February 8, 2021, a South Dakota judge...more

Lowndes

Tax Court Upholds Constitutionality of Rule Prohibiting Deductions for Marijuana Businesses

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I recently wrote about the Tax Court decision in Northern California Small Business Assistants Inc. v. Commissioner, which addressed whether Section 280E’s denial of tax deductions to marijuana businesses violates the Eighth...more

Carlton Fields

Florigrown v. DOH: Florida’s Vertical Integration Requirement for Medical Marijuana Licensees Held Unconstitutional

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This week, the Florida First District Court of Appeal held that the vertical integration requirement of Florida’s medical marijuana licensing scheme contravenes the 2016 constitutional amendment passed by Florida voters to...more

Jackson Lewis P.C.

Federal Court Rejects Constitutional Challenge To Marijuana’s Classification As Schedule I Drug

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A federal district court in the Southern District of New York rejected a constitutional challenge to marijuana’s classification as a Schedule I drug under the federal Controlled Substances Act (“CSA”). Washington, et al. v....more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

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