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
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
The U.S. Department of Health and Human Services (HHS) has drawn criticism for heavily redacting a recommendation letter to the U.S. Drug Enforcement Administration (DEA) concerning the rescheduling of cannabis. HHS said the...more
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
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
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
On October 30, Virginia’s hemp industry suffered an early defeat in its effort to overturn Virginia SB 903, a law that imposed stricter limitations on hemp products than what is currently required under federal law....more
11/15/2023
/ Commerce Clause ,
Dormant Commerce Clause ,
Farm Bill ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Manufacturers ,
Preemption ,
Regulatory Oversight ,
THC ,
Virginia
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
Though controversial, cannabis has steadily grown into a booming industry. Despite this rapid growth and the legalization of cannabis in numerous states, cannabis is still classified as a Schedule I drug under the Controlled...more
10/25/2023
/ Agribusiness ,
Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Plans ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Bankruptcy ,
Controlled Substances ,
Debtors ,
Financial Distress ,
Insolvency ,
Marijuana ,
Marijuana Related Businesses ,
Popular ,
Receivership ,
Regulatory Oversight
On October 12, hemp producers and retailers notched an early win in litigation challenging the legality of Maryland’s cannabis licensing program as it applies to hemp. By way of background, the Maryland General Assembly...more
10/25/2023
/ Agribusiness ,
Cannabis Act ,
Cannabis Products ,
Hemp ,
Licenses ,
Maryland ,
Plant Based Products ,
Preliminary Injunctions ,
Recreational Use ,
Regulatory Oversight ,
Retail Market ,
THC ,
USDA
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
Since its first recreational marijuana dispensary opened in 2014, Colorado has been at the forefront of the burgeoning adult-use cannabis industry, setting a precedent for other states considering the legalization of...more
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
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
The Senate Banking Committee is scheduled to mark up a new version of the SAFE Banking Act, now known as the “Secure And Fair Enforcement Regulation Banking Act” or the SAFER Banking Act (SB 2860). The revised bill addresses...more
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
On September 12, the New York Cannabis Control Board (CCB) approved final regulations governing the adult-use cannabis industry in New York, marking a long-awaited moment for industry participants and state regulators alike....more
9/26/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Deregulation ,
Dispensaries ,
Investment Opportunities ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New York ,
Real Party in Interest ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
State and Local Government
It has been widely reported and confirmed publicly that, on August 29, the U.S. Department of Health and Human Services (HHS) sent a letter to the Drug Enforcement Administration (DEA) recommending that cannabis be moved from...more
9/5/2023
/ Biden Administration ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Food and Drug Administration (FDA) ,
Marijuana ,
Medical Research ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Research and Development ,
Schedule I Drugs