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
Only one day after reports surfaced that the Drug Enforcement Administration (DEA) will proceed with rescheduling cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), Senators Charles Schumer...more
5/29/2024
/ Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Legalization ,
Marijuana ,
Medical Marijuana ,
Proposed Legislation ,
Regulatory Agenda ,
Schedule I Drugs ,
Tax Liability ,
Tax Reform
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
A recent lawsuit in Alabama, challenging the award of medical cannabis licenses by regulators, underscores the potential pitfalls in licensing regimes where applicants are selected based on specific enumerated factors. Below,...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 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
Attorneys general (AG) from 20 states and the District of Columbia have submitted a letter to Congress requesting that federal lawmakers close the “loophole” created by the 2018 Farm Bill that is widely understood to prohibit...more
4/4/2024
/ Cannabis Products ,
Congressional Committees ,
Controlled Substances ,
Controlled Substances Act ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Plant Based Products ,
Regulatory Agenda ,
State Attorneys General ,
THC
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
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
Whether you believe that cannabis legalization has occurred too quickly or too slowly, one thing is certain: recent developments herald a potentially seismic shift in federal cannabis policy in the U.S. Reflecting on our...more
2/7/2024
/ Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Healthcare ,
Legalization ,
Marijuana ,
Medical Marijuana ,
Regulatory Oversight ,
Regulatory Reform ,
Schedule I Drugs
The Virginia Cannabis Control Authority (CCA), which assumed oversight of Virginia’s medical cannabis program from the Board of Pharmacy as of January 1, has promulgated regulations to govern medical cannabis operations in...more
1/24/2024
/ Dispensaries ,
Healthcare ,
License Applications ,
Marijuana ,
Medical Marijuana ,
New Regulations ,
Patient Access ,
Pharmaceutical Industry ,
Plant Based Products ,
Regulatory Oversight ,
Virginia
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
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
As a result of a legal challenge by the Oregon Cannabis Industry Alliance and cannabis cultivators in Oregon, the Oregon Health Authority’s (OHA) aspergillus fungus testing rule for marijuana, marijuana products, and...more
10/25/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Oregon ,
Recreational Use ,
Regulatory Oversight ,
Regulatory Reform ,
State and Local Government ,
Testing Requirements ,
Zero Tolerance Policies