On July 17, the U.S. House Committee on Agriculture hosted a closed-door roundtable briefing focused on the regulatory gray areas surrounding hemp-derived cannabinoid products. The session, convened in response to ongoing...more
7/22/2025
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Congressional Committees ,
Farm Bill ,
Federal Trade Commission (FTC) ,
Health and Safety ,
Healthcare ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
Patient Access ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
State Attorneys General
On May 27, the Texas Legislature sent Senate Bill 3 (SB3) to Gov. Greg Abbott for signature, marking a potentially seismic shift in the legal landscape for hemp-derived cannabinoid products in the state. If signed into law –...more
6/18/2025
/ Agribusiness ,
Beverage Manufacturers ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Doing Business ,
Hemp ,
Hemp Related Businesses ,
Manufacturers ,
Marijuana Related Businesses ,
Medical Foods ,
Pending Legislation ,
Plant Based Products ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
Texas
On May 14, Colorado Attorney General (AG) Phil Weiser announced that the state reached a settlement with MC Global Holdings, LLC, its associated companies, and owners (collectively MC) to resolve allegations that MC’s...more
6/4/2025
/ Agribusiness ,
Cannabis Products ,
Colorado ,
False Advertising ,
Hemp ,
Manufacturers ,
Marketing ,
Misrepresentation ,
Penalties ,
Regulatory Violations ,
Retail Market ,
Settlement Agreements ,
State Attorneys General
On February 3, the Massachusetts Cannabis Control Commission (CCC) issued two public health and safety advisories regarding potentially contaminated marijuana products sold by two separate licensees in Massachusetts....more
3/26/2025
/ Agribusiness ,
Contamination ,
Enforcement Actions ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Public Health ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
State and Local Government ,
Testing Requirements
On January 22, lawmakers in Colorado introduced SB25-076, (the act) which aims to address concerns surrounding the availability of intoxicating products (including regulated cannabis products) within the state, especially to...more
2/11/2025
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Colorado ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Proposed Legislation ,
Public Health ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures
Marijuana legislation is continuing to evolve in the new year across jurisdictions throughout the U.S. Below, we dive into a brief survey of notable changes to marijuana legislation across the U.S. during the first three...more
1/24/2025
/ Agribusiness ,
Cannabis Products ,
Controlled Substances ,
Decriminalization of Marijuana ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Proposed Legislation ,
Recreational Use ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures
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
1/15/2025
/ Agribusiness ,
Appeals ,
Cannabis Products ,
Constitutional Challenges ,
Controlled Substances Act ,
Dormant Commerce Clause ,
Farm Bill ,
Hemp ,
Marijuana ,
Medical Foods ,
Plant Based Products ,
Preemption ,
Regulatory Authority ,
State and Local Government ,
Virginia
With power changing hands in Washington, D.C., what can marijuana industry members expect from the 119th Congress? Two GOP proposals from the 118th Congress may foreshadow the likely path for federal marijuana legalization....more
12/11/2024
/ Agribusiness ,
Decriminalization of Marijuana ,
Federal v State Law Application ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Plant Based Products ,
Proposed Legislation ,
Recreational Use ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
In the fifth episode of our 12 Days of Regulatory Insights podcast series, Nick Ramos is joined by Jean Smith-Gonnell, the leader of the firm's Cannabis Industry practice, to discuss significant regulatory updates in the...more
The Colorado Attorney General’s (AG) Office recently entered into a settlement agreement with Bee’s Knees Enterprises, LLC, dba Bee’s Knees CBDs, addressing allegations of violations of the Colorado Consumer Protection Act...more
12/2/2024
/ Agribusiness ,
Civil Monetary Penalty ,
Enforcement Actions ,
False Advertising ,
Hemp ,
Hemp Related Businesses ,
Misrepresentation ,
Plant Based Products ,
Settlement Agreements ,
Statutory Violations ,
Unfair or Deceptive Trade Practices
This year’s election saw no shortage of surprises at the federal, state, and local levels, and Colorado Springs, CO was no exception. Although the results have yet to be officially certified, it appears that voters have...more
11/26/2024
/ Agribusiness ,
Ballot Measures ,
Cannabis Products ,
Colorado ,
Decriminalization of Marijuana ,
Dispensaries ,
Local Ordinance ,
Marijuana ,
Marijuana Related Businesses ,
Medical Foods ,
Medical Marijuana ,
Plant Based Products ,
Recreational Use ,
Regulatory Reform ,
State and Local Government
In a pivotal ruling issued on October 15, the U.S. Court of Appeals for the First Circuit affirmed the district court’s decision to deny a motion filed by Lucas and Alisa Sirois, a Maine couple accused of operating an illegal...more
11/12/2024
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
En Banc Review ,
Enforcement Actions ,
Federal v State Law Application ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Rohrabacher-Farr Amendment ,
Statutory Violations
The interplay between the unintentional federal legalization of intoxicating hemp-derived products under the Agriculture Improvement Act of 2018 (the 2018 Farm Bill) and state regulatory frameworks is increasingly testing the...more
In recent years, federal and state governments have taken action to make marijuana research easier. These actions are a step in the right direction, and researchers operating in the marijuana space must be aware of the...more
10/4/2024
/ Agribusiness ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Final Rules ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Recreational Use ,
Regulatory Requirements ,
Research and Development ,
Scientific Research ,
State and Local Government ,
THC
On August 1, Missouri Governor Michael Parson issued Executive Order 24-10 (the EO), a bold move aimed at addressing consumer safety concerns surrounding unregulated psychoactive cannabis products. The EO sparked a legal...more
Last week, the Maine Public Utilities Commission (the commission) heard an unusual pitch: an electric utility proposed to voluntarily report to law enforcement if residential utility usage suggested illegal marijuana grow...more
8/21/2024
/ Agribusiness ,
Cannabis Products ,
Marijuana ,
Marijuana Cultivation ,
Medical Marijuana ,
Plant Based Products ,
Power Infrastructure ,
Public Utilities Commission ,
Regulatory Agenda ,
Request For Information ,
State and Local Government
The proposed rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) marks a pivotal moment in the evolution of U.S. cannabis policy but may bring few practical changes to...more
8/8/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Justice (DOJ) ,
Final Rules ,
Legalization ,
Marijuana ,
Marijuana Related Businesses ,
Notice of Proposed Rulemaking (NOPR) ,
Plant Based Products ,
Proposed Rules ,
Recreational Use ,
Schedule I Drugs ,
State and Local Government
Although the possession and sale of cannabis remain federally illegal under the Controlled Substances Act, the U.S. Department of Justice has largely exercised a general policy of nonprosecution for state-regulated cannabis...more
3/4/2024
/ Agribusiness ,
Bankruptcy Code ,
Bankruptcy Court ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Creditors ,
Debtors ,
Department of Justice (DOJ) ,
Financial Distress ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Plant Based Products ,
Recreational Use ,
State and Local Government ,
THC
On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more
2/23/2024
/ Agribusiness ,
Article III ,
Breach of Contract ,
Business Disputes ,
Business Litigation ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Damages ,
Federal v State Law Application ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Motion to Vacate ,
RICO ,
Standing ,
Subject Matter Jurisdiction
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
2/21/2024
/ Agribusiness ,
Article III ,
Commerce Clause ,
Constitutional Challenges ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Dispensaries ,
Gonzales v Raich ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Merrick Garland ,
Recreational Use ,
SCOTUS ,
Standing ,
State and Local Government ,
Transacting Intrastate Business
Recently enacted Pennsylvania Senate Bill 773 (SB773) introduces several amendments intended to expand opportunities and increase competition among existing cannabis licensees in Pennsylvania. The bill seeks to support...more
1/23/2024
/ Agribusiness ,
Business Licenses ,
Cannabis-Related Businesses (CRBs) ,
Competition ,
Dispensaries ,
Licensing Rules ,
Marijuana Related Businesses ,
Medical Marijuana ,
Monopolization ,
Multistate Corporations ,
Pennsylvania ,
Proposed Amendments ,
Regulatory Agenda ,
Regulatory Reform
The marijuana industry has seen exponential growth over the past few years. However, the federal prohibition of marijuana poses significant challenges for businesses in this sector, in terms of payment processing and banking....more
1/11/2024
/ Agribusiness ,
Controlled Substances ,
Cryptocurrency ,
Dispensaries ,
Financial Services Industry ,
FinTech ,
Internal Revenue Code (IRC) ,
IRS ,
Marijuana ,
Marijuana Related Businesses ,
Tax Code
With rapid technological advances, expanded regulatory oversight, and constantly shifting market dynamics, owning and operating a business in the modern world has become an increasingly difficult challenge. Chief among the...more
1/10/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Bankruptcy ,
Dispensaries ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Receivership ,
Regulatory Agenda ,
Regulatory Oversight
The cannabis industry has experienced significant growth over the past decade, with increasing numbers of states legalizing both medical and recreational use. Currently, cannabis is legal for adults in 24 states and the...more
1/10/2024
/ Agribusiness ,
Business Taxes ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Dispensaries ,
Federal Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Legalization ,
Marijuana Related Businesses ,
Medical Marijuana ,
Recreational Use ,
Regulatory Oversight ,
State and Local Government ,
State Taxes ,
Tax Liability
Recently, the City of Denver’s Department of Public Health and Environment (DDPHE) ordered, among other things, the destruction of Titan Health LLC’s (Titan Health) marijuana plants that it deemed to “hav[e] evidence of...more
12/13/2023
/ Agribusiness ,
CO Supreme Court ,
Colorado ,
Decriminalization of Marijuana ,
Enforcement Actions ,
Home Rule States ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Preemption ,
Public Health ,
State and Local Government ,
State Constitutions