The Virginia General Assembly has once again advanced legislation to establish a regulated market for recreational marijuana sales. Virginia is unique in that it allows personal possession of cannabis but bans retail sales...more
2/26/2025
/ Decriminalization of Marijuana ,
Dispensaries ,
Marijuana ,
Plant Based Products ,
Proposed Legislation ,
Public Health ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
State and Local Government ,
State Legislatures ,
Virginia
The Texas legislative session kicked off on January 14, and cannabis policy is set to be a major topic of debate. The state, known for its conservative stance on many issues, is at a crossroads with its cannabis laws, facing...more
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
Hearings on the merits of the Drug Enforcement Agency’s (DEA) proposed cannabis rescheduling, initially set to begin this month, have been cancelled. The preliminary hearing period has been littered with accusations that the...more
1/16/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
DEA ,
Decriminalization of Marijuana ,
Deregulation ,
Government Agencies ,
Legalization ,
Marijuana ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Schedule I Drugs
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
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 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 September 14, Virginia’s Attorney General (AG) Jason Miyares issued a letter to the registered agent of the Good Vibes Shop, a Radford, VA store, for selling tetrahydrocannabinol (THC) products without proper labeling and...more
10/4/2024
/ Cannabis Products ,
Decriminalization of Marijuana ,
Distributors ,
Enforcement Actions ,
Food and Drug Administration (FDA) ,
Hemp ,
Legalization ,
Licenses ,
Manufacturers ,
Marijuana ,
Marijuana Related Businesses ,
Product Labels ,
Recreational Use ,
Regulatory Requirements ,
Retailers ,
THC ,
Virginia
The National Collegiate Athletic Association (NCAA) is the largest governing body in college athletics. The NCAA regulates all aspects of student athletics among 1,100 schools in the United States. It also organizes the...more
9/5/2024
/ Cannabis Products ,
College Athletes ,
Colleges ,
Decriminalization of Marijuana ,
Drug Testing ,
Educational Institutions ,
Legalization ,
Marijuana ,
Medical Marijuana ,
NCAA ,
Recreational Use ,
Sports ,
State and Local Government ,
Student Athletes ,
Universities
Despite marijuana’s continued federal classification as a Schedule I controlled substance, 26 states and the District of Columbia have passed laws at least partially decriminalizing marijuana possession and recreational use....more
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
6/26/2024
/ Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Farm Bill ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Plant Based Products ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Rohrabacher-Farr Amendment ,
Schedule I Drugs ,
THC
Introduction -
The medicinal and recreational use and popularity of marijuana has continuously grown throughout the U.S. since Oregon became the first state to decriminalize marijuana in 1973. To date, thirty-eight states...more
5/30/2024
/ Cannabis Products ,
Client Services ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Legal Representatives ,
Licensing Rules ,
Marijuana ,
Medical Marijuana ,
Plant Based Products ,
Recreational Use ,
Retail Market ,
Schedule I Drugs ,
State and Local Government
The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones.
Originally published in Law360 - January 5,...more
4/5/2024
/ Attorney-Client Privilege ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Discovery ,
Exemptions ,
FOIA ,
Interagency Guidance ,
Marijuana ,
Motion for Summary Judgment ,
Records Request ,
Redacted Documents
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
Despite the federal ban on the sale, use, and possession of cannabis in the U.S., in October, Georgia became the first U.S. state to allow pharmacies to sell low-dose tetrahydrocannabinol (THC) products. Pursuant to statutes...more
12/13/2023
/ DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Healthcare ,
Marijuana ,
Medical Marijuana ,
Patient Access ,
Pharmacies ,
Plant Based Products ,
Prescription Drugs ,
Rohrabacher-Farr Amendment ,
State and Local Government ,
THC
The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. In the U.S., the primary mechanism by which...more
12/13/2023
/ Attorney-Client Privilege ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
FOIA ,
Government Agencies ,
Legalization ,
Marijuana ,
Motion for Summary Judgment ,
Public Interest ,
Public Records ,
Regulatory Reform ,
State Attorneys General ,
Transparency
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
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 legal marijuana industry has grown rapidly in the U.S., with 38 states, three territories, and the District of Columbia legalizing its use for medical and/or recreational purposes. However, despite the industry’s growth,...more
11/30/2023
/ Agribusiness ,
Controlled Substances ,
Controlled Substances Act ,
Cryptocurrency ,
Decriminalization of Marijuana ,
Dispensaries ,
Financial Institutions ,
Marijuana ,
Marijuana Related Businesses ,
Mobile Payments ,
Retail Market ,
Stablecoins
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
Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more
11/15/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Hemp ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
License Agreements ,
Marijuana ,
Marijuana Related Businesses ,
THC ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
In the latest episode of Payments Pros, hosts Keith Barnett and Carlin McCrory are joined by Jean Gonnell and Agustin Rodriguez, co-leaders of Troutman Pepper’s Cannabis practice, to discuss the legal complexities that...more
State attorneys general (AG) are continuing their push for cannabis banking reform, underscoring the need for action to promote public health and safety in legal cannabis markets. On Wednesday, a bipartisan group of 22 state...more
9/28/2023
/ Agribusiness ,
Banking Reform ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Marijuana Related Businesses ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
State Attorneys General
On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more
9/26/2023
/ Anti-Commandeering ,
Cannabis Products ,
Connecticut ,
Constitutional Challenges ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Federal v State Law Application ,
Legalization ,
Legislative Agendas ,
Preemption ,
Regulatory Oversight ,
State and Local Government ,
State Legislatures