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
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
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
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
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
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
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
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
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
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 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
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 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
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
The Georgia Board of Pharmacy has begun accepting applications from independent, licensed pharmacies for authorization to dispense authorized medical marijuana products, and nearly 120 pharmacies reportedly have agreed to...more
10/11/2023
/ Applications ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Georgia ,
Healthcare ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Rules ,
Patient Access ,
Patients ,
Pharmacies ,
Prescription Drugs ,
Regulatory Oversight ,
State and Local Government ,
THC ,
Vaping
On October 2, the Virginia Board of Pharmacy posted a general notice indicating that it had voted to rescind the request for applications (RFA) for a Pharmaceutical Processor license in Health Service Area I. The RFA will now...more
10/11/2023
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
CCA ,
Dispensaries ,
HSA ,
Licensing Rules ,
Marijuana Related Businesses ,
Medical Marijuana ,
Patient Access ,
Pharmaceutical Industry ,
Regulatory Oversight ,
Regulatory Reform ,
Virginia