In July 2025, a bipartisan coalition of 32 state and territorial attorneys general (AG) sent a letter to Congressional leaders urging the passage of the Secure and Fair Enforcement Regulation (SAFER) Banking Act. Their letter...more
8/6/2025
/ Anti-Money Laundering ,
Banks ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Financial Institutions ,
Financial Services Industry ,
Legalization ,
Marijuana Related Businesses ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Retail Market ,
State Attorneys General
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 April 21, Indiana Attorney General (AG) Todd Rokita issued a letter to state legislators addressing the pressing issue of legal loopholes surrounding intoxicating hemp-derived products containing delta-8 THC, delta-10 THC,...more
4/25/2025
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
Proposed Legislation ,
Proposed Rules ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
State Attorneys General ,
State Legislatures ,
THC
METRC, Inc., the predominant provider of seed-to-sale tracking software used by state regulatory bodies overseeing legal cannabis markets across the U.S., faces serious allegations detailed in a recent lawsuit filed in...more
4/23/2025
/ California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Marijuana ,
Marijuana Related Businesses ,
Oregon ,
Regulatory Oversight ,
Regulatory Violations ,
Retaliation ,
Seeds ,
Software ,
Tracking Systems ,
Whistleblowers ,
Wrongful Termination
Last year, we wrote about the former Missouri governor’s efforts to curb the availability of intoxicating hemp products to Missouri consumers by executive order. There are now several proposed bills in the Missouri...more
2/13/2025
/ Advertising ,
Cannabis-Related Businesses (CRBs) ,
Department of Health and Human Services (HHS) ,
Hemp ,
Hemp Related Businesses ,
Licensing Rules ,
Marijuana ,
Plant Based Products ,
Proposed Legislation ,
Regulation ,
Regulatory Agenda ,
State Legislatures
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
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
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
When Minnesota legislators passed House File 4065 in 2022 — legalizing the sale of certain hemp-derived THC edibles and beverages — few could have predicted that a multimillion-dollar THC-infused beverage market would result....more
9/5/2024
/ Beverage Manufacturers ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Marijuana-Infused Edibles ,
Plant Based Products ,
Regulatory Agenda ,
Regulatory Oversight ,
THC
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
In May, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking to transfer cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), a change that could significantly affect current...more
7/25/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government ,
THC
Just before the close of the Colorado legislature’s 2024 session, lawmakers approved a bill aimed at streamlining several deficiencies in the state’s regulation of marijuana businesses. While not all the bill’s intended fixes...more
Recent developments in the Massachusetts cannabis industry, significant legislative changes, and legal actions have spotlighted the contentious issue of so-called community impact fees. These fees, which are intended to...more
In January, we published an article in this newsletter on the state of cannabis taxation, including a discussion of the crippling impact of Internal Revenue Code §280E (IRC §280E) on the industry. Since that article was...more
The various forms of information reporting required by the Internal Revenue Code form the backbone of both voluntary compliance with tax laws and the starting point for audits by the Internal Revenue Service (IRS). One form...more
4/17/2024
/ Business Taxes ,
Cannabis-Related Businesses (CRBs) ,
Cash Transactions ,
Controlled Substances ,
Dispensaries ,
Fifth Amendment ,
Internal Revenue Code (IRC) ,
IRS ,
Marijuana Related Businesses ,
Reporting Requirements ,
Required Forms ,
Retail Market ,
Tax Liability
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
3/6/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Colorado ,
Constitutional Challenges ,
Due Process ,
Fees ,
Inventory ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Plant Based Products ,
Radio Frequency Identification (RFID) ,
State and Local Government ,
Tracking Systems
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
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
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
In the latest episode of Regulatory Oversight, Troutman Pepper RISE attorneys Jean Gonnell and Cole White are joined by AGA's Bruce Turcott, legal editor of the Cannabis Law Deskbook, to discuss the evolution of cannabis...more
The cannabis industry has witnessed significant growth in recent years, marked by the legalization of medical and/or recreational marijuana in 38 states, Washington D.C., and three territories. Alongside this expansion comes...more
11/15/2023
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Colorado ,
Decriminalization of Marijuana ,
Goods or Services ,
Innovative Technology ,
Inventory ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Radio Frequency Identification (RFID) ,
Regulatory Oversight ,
Retail Market ,
Tracking Systems
I. Introduction -
Effective on January 1, 2024, the Corporate Transparency Act (CTA) will require all nonexempt entities to report certain identifying information of its beneficial owners (as defined below) and company...more
11/15/2023
/ Anti-Money Laundering ,
Beneficial Owner ,
Cannabis-Related Businesses (CRBs) ,
Commodity Exchange Act (CEA) ,
Corporate Transparency Act ,
Financial Crimes ,
Financial Institutions ,
FinCEN ,
Marijuana Related Businesses ,
Money Laundering ,
Reporting Requirements