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 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
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
In a February 19 complaint filed in Arizona state court, Texas-based payment processer Switch Commerce LLC argued that multistate cannabis operator Trulieve Cannabis Corp. and its affiliates should be responsible for a...more
3/17/2025
/ Anti-Money Laundering ,
ATMs ,
Banks ,
Enforcement Actions ,
Financial Institutions ,
Financial Services Industry ,
Fraud ,
Marijuana Related Businesses ,
Payment Processors ,
Regulatory Requirements ,
Retail Market ,
Retailers ,
Visa Inc
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
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 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
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
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
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
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
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