As Congress considers the future of the American hemp industry in debates over the next Farm Bill, I’m reminded of these wise words that apply to almost any circumstance where you find yourself vulnerable and similarly...more
These are remarkable times in what has been a remarkable, albeit relative to other industries, remarkably short life cycle for the cannabis industry....more
6/25/2025
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Farm Bill ,
Hemp ,
Marijuana ,
New Legislation ,
New Regulations ,
Proposed Legislation ,
Regulatory Agencies ,
Regulatory Reform
Most of the annual state legislative sessions have ended or are nearing an end, and it would be an understatement to say that the hemp industry has ever experienced a more widespread and seemingly coordinated effort to roll...more
As the hallowed cannabis holiday for stoners-turned-business-entrepreneurs falls upon us, we find ourselves in the shifting sands of change in the cannabis industry as usual. Not surprisingly, many states have seen...more
4/20/2025
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Dispensaries ,
Government Agencies ,
Hemp ,
Hemp Related Businesses ,
Legalization ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Political Campaigns ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures
Anyone who thought that the momentum towards federal liberalization of marijuana would be a straight line found themselves with a cold dash of water to the face. Late last week Republican senators filed a bill, entitled the...more
2/11/2025
/ Cannabis-Related Businesses (CRBs) ,
Internal Revenue Code (IRC) ,
IRS ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
New Legislation ,
Proposed Legislation ,
Tax Credits ,
Tax Deductions ,
Tax Liability ,
Tax Reform
It’s the first week of January, and you all know what that means in the blogging game: It’s time to make wild predictions about the coming year. As always, making predictions is hard, particularly when they’re about the...more
1/6/2025
/ Agribusiness ,
Banking Sector ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Farm Bill ,
Financial Services Industry ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Regulatory Agenda ,
SAFE ,
State and Local Government
2024 was a banner year for cannabis lawmakers and business operators. From Kamala Harris advocating for marijuana reforms to California’s clash of titans between hemp and marijuana markets, there was no shortage of drama in...more
12/31/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
DEA ,
Decriminalization of Marijuana ,
Dispensaries ,
Enforcement Actions ,
Farm Bill ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Oversight ,
State and Local Government ,
State Legislatures ,
Trump Administration
Trademark law protects businesses’ brand identities and helps prevent consumer confusion. The U.S. trademark system operates at both federal and state levels. Federal registration through the United States Patent and...more
12/11/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Farm Bill ,
Intellectual Property Protection ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Agenda ,
Trademark Application ,
Trademark Registration ,
Trademarks ,
USPTO
Part of the reason we started a Cannabis Industry team at a Southeastern-based law firm before any Southeastern state had adopted a marijuana program was because we had a hunch that the expansion of cannabis would eventually...more
12/6/2024
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Dispensaries ,
Enforcement Actions ,
Healthcare ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Regulatory Agenda ,
State and Local Government ,
THC
On November 7, 2023, Ohio approved an adult-use marijuana measure that allows individuals age 21 and older to grow marijuana and possess up to 2.5 ounces of marijuana in non-extract form and 15 grams of marijuana extract. A...more
I would love to hear from our award-winning readers if they are aware of a scenario when doing something illegal is legal because it’s illegal. Another federal court in California ruled last week that the dormant Commerce...more
Raising capital is always fraught with risk and uncertainty for any company. Those risks and uncertainties are magnified exponentially when it comes to raising capital for cannabis companies. Cannabis companies and potential...more
Over the last week, I have had water cooler-type conversations about President-elect Trump’s nominations to his would-be cabinet. Most of them have been policy-based and levelheaded. The nomination of Matt Gaetz as attorney...more
When you live in the cannabis world, you have to keep your head on a swivel. While most areas of the law see incremental changes over years — if not decades — cannabis developments come by the day if not the hour.
In the...more
The title of this post comes, of course, from The Who’s classic track “Won’t Get Fooled Again.” This post analyzes whether there is cause for worry on the part of cannabis operators – both marijuana and hemp – under a second...more
11/12/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Farm Bill ,
Hemp ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New Legislation ,
Regulatory Agenda ,
Trump Administration
I adore the film (and, as always, I stress the word “film”) Trading Places. It has it all: Eddie Murphy hitting his prime, a wonderfully smug Dan Akroyd, Jamie Lee Curtis doing her thing, and it’s all wrapped up in a...more
10/31/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
CUTPA ,
Dispensaries ,
Farm Bill ,
Federal v State Law Application ,
Hemp ,
Hemp Related Businesses ,
Legislative Agendas ,
Litigation Strategies ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Agenda ,
State and Local Government
Believe it or not, I actually spend a lot of time deciding whether something is worth taking the time to write about. Cannabis news is developing as rapidly as any area of the law, and there are only so many hours in a day....more
As you read along here, try this mantra: Trust your eyes. Don’t allow yourself to be gaslit. You may recall from our previous post that we think the United States Supreme Court could overrule the marijuana provisions of the...more
Even the most responsible hemp operator should understand that it operates in a world full of risk. But I doubt many of them believe they might be accused of racketeering. Last week, the U.S. Supreme Court heard arguments...more
10/22/2024
/ Business Litigation ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Corrupt Organizations Act (COA) ,
Dispensaries ,
Hemp ,
Hemp Related Businesses ,
Labeling ,
Marijuana ,
Marijuana Related Businesses ,
Racketeering ,
RICO
We at Budding Trends have devoted thousands of words (and nearly as many pop culture references) to the escalating tension between the marijuana and hemp industries. It seems that to many in the cannabis industry this is a...more
10/11/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
Plant Based Products ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Reform
During this time of great tension and competition between the marijuana and hemp industries, it is refreshing to see efforts at compromise. The initial draft of the Cannabinoid Safety and Regulation Act, proposed last week by...more
10/7/2024
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
State and Local Government
I can only assume that being a cannabis regulator is a challenging and usually thankless job. The laws are relatively new and constantly evolving. Operators are always pushing the science faster than regulators can promulgate...more
9/30/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
Farm Bill ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Oversight ,
State and Local Government ,
State Bans ,
State Legislatures
I guess if you do this job long enough, you’ll see just about everything. This time, it’s the attorney general of Mississippi wading into the legality of beverages containing hemp. And it’s a doozy....more
9/26/2024
/ Beverage Manufacturers ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Hemp ,
Hemp Related Businesses ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
State and Local Government ,
State Attorneys General
The DOOBIE Act – yes, you read that correctly – could soon become law. While the law isn’t as fun as it might sound to certain cannabis enthusiasts, it would substantially change the hiring practices of the federal government...more
9/24/2024
/ Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Employment Policies ,
Government Agencies ,
Hiring & Firing ,
Legalization ,
Legislative Agendas ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Recreational Use ,
State Labor Laws
They say the first step is admitting you have a problem. My name is Whitt, and I’m a recovering litigator. I’ve spent years sending ugly letters and playing a zero-sum game with strangers, and it generally didn’t lead to a...more