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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 #2

VA Continues to Prohibit Doctors from Prescribing Cannabis to Veteran Patients - The U.S. Department of Veterans Affairs (VA) issued a directive, consistent with a previous directive released in 2017, which prevents...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 - 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 #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 - 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

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

Study Shows Lack of Uniformity Among States’ Cannabis Testing Laws Could Lead to Public Health Risks

Research recently published in Environmental Health Perspectives describes the public health risks associated with the lack of national standards for cannabis lab testing. Researchers from Arizona State University’s School of...more

Cannabis Legal Report – September 2022

Second Circuit Rules That Cannabis As a Schedule I Under CSA Is Constitutional - This August, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s ruling that the government’s classification of...more

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more

Cannabis Legal Report - June 2022 #2

Cannabis: In Focus - • New Mexico class action calls for insurance coverage for medical cannabis • Bicameral attempt to legislate bipartisan cannabis omnibus package • Oregon ban on “artificially derived cannabinoids”...more

Cannabis Legal Report - July 2022

Florida Lawsuit Challenges Federal Regulations Regarding Firearm Purchases for Medical Cannabis Patients - Following a recent Supreme Court ruling, the Department of Justice (DOJ) has asked for more time to respond to a...more

Where Is the SAFE Banking Act?

As Congress continues to debate the SAFE Banking Act, cannabis business and financial institutions should pay close attention to the bill’s potential to transform the accessibility of banking and payment processing solutions...more

Ninth Circuit Rules on Legality of Delta-8 THC Products

On May 19, 2022, the U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion holding that Delta-8 THC products are legal at the federal level and eligible for intellectual property protection...more

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