Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law.
A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to...more
9/12/2024
/ Business Development ,
Business Litigation ,
Business Operations ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Dispute Resolution ,
Entrepreneurs ,
Investment ,
Investors ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
State and Local Government
Over the past nearly two years, I have been talking to friends, clients, and basically anyone at parties about the slow progress (if I might be permitted to use that word in this context) of the Alabama medical cannabis...more
9/10/2024
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government ,
State Legislatures
Not every blog post contains earth-shattering news. Count this among that group, but I encourage you not to ignore the implications and possibly the forecasting for cannabis operators in litigation going forward in this...more
The Alabama medical cannabis program has been FUBAR for a while now, but there was at least some good news for two applicants last week....more
8/13/2024
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government ,
State Legislatures
While marijuana advocates celebrate the potential rescheduling of marijuana from Schedule I to Schedule III, the taxman has made clear that marijuana remains a Schedule I substance subject to Section 280E of the Internal...more
The long-awaited, and recently leaked, news that DEA would begin the process of rescheduling marijuana from Schedule I to Schedule III became a reality yesterday when DEA issued a formal notice of proposed rulemaking. As we...more
5/17/2024
/ Biden Administration ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Comment Period ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Marijuana ,
Marijuana Related Businesses ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
Schedule I Drugs
The novel cannabinoid industry took another hit recently as a bipartisan group of 21 attorneys general urged Congress to make clear that states may regulate, and even prohibit, intoxicating products derived from hemp....more
As Bradley previously reported, the Federal Trade Commission at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in...more
4/26/2024
/ Cannabis-Related Businesses (CRBs) ,
Competition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Marijuana Related Businesses ,
Non-Compete Agreements ,
Proposed Rules ,
Proprietary Information ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
The Commonwealth cannot find common ground on cannabis. In the latest in another volley in the back and forth between the Virginia Legislature and governor’s office, Gov. Glenn Youngkin recently vetoed a bill that would have...more
It turns out that if you want to know the Department of Justice’s policy on marijuana enforcement, you just have to sue them. In a remarkably candid showing of the DOJ’s current policy concerning marijuana enforcement,...more
During a hearing today on SB276, a proposal released only yesterday that would fundamentally change the landscape of Alabama’s nascent medical cannabis program, would have probably been less one-sided if the proposal called...more
Earlier this week, the Florida legislature passed a bill (SB 1698) that will limit the amount of THC in hemp-derived products and threatens to upend the novel cannabinoid industry in the state.
For the past few years,...more
3/12/2024
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Florida ,
Governor DeSantis ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
New Legislation ,
State and Local Government
The Alabama Medical Cannabis licensing process has officially entered Groundhog Day territory. After previously directing that the AMCC participate in limited, expedited discovery (including the deposition of up to six...more
Yesterday the Alabama Medical Cannabis Commission(AMCC) awarded the five coveted licenses in the Integrated Facility category. The five licenses were awarded to:
1. Trulieve AL
2. Sustainable Alabama
3. Wagon Trail...more
12/13/2023
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government ,
State Legislatures
I feel like Bill Murray’s character in Groundhog Day. I keep writing the same blog post in some way heralding the Alabama Medical Cannabis Commission’s awarding of licenses to would-be operators. Well, on Friday it happened...more
12/4/2023
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government ,
State Legislatures
Every election it seems like the country inches closer to cannabis being legal at the federal level. Until that day comes, however, the question of whether those in the cannabis industry can seek bankruptcy relief remains....more
11/27/2023
/ Bankruptcy Court ,
Banks ,
Business Litigation ,
Business Operations ,
California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Bankruptcy ,
Controlled Substances ,
Legislative Agendas ,
Liquidation ,
Marijuana ,
Marijuana Related Businesses ,
State and Local Government
On November 7, 2023, Ohio voters decisively passed Issue 2, putting the “high” in Ohio and becoming the 24th state to legalize adult-use marijuana. Issue 2, which goes into effect on December 7, 2023, allows adults to...more
In the coming, frenzied 90 days, the Alabama Medical Cannabis Commission likely will save or ruin the future of medical cannabis in Alabama...
Last Thursday, the AMCC voted to adopt an emergency rule that, by its terms,...more
10/31/2023
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Emergency Rule ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government
In Greek mythology, Sisyphus was the founder and king of Ephyra (now known as Corinth). Hades punished him for cheating death twice by forcing him to roll an immense boulder up a hill only for it to roll back down every time...more
Now that the dust is starting to settle on the recent news that the U.S. Department of Health and Human Services (HHS) has recommended to the U.S. Drug Enforcement Agency (DEA) that marijuana be moved from Schedule I to...more
9/20/2023
/ Advertising ,
Banking Sector ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Dispensaries ,
Food and Drug Administration (FDA) ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Pharmaceutical Industry ,
State and Local Government
Maybe it was inevitable. Anyone who has seen another state award competitive licenses for a limited number of cannabis operators knew well that Alabama’s process would result in litigation. That was not an indictment of...more
9/13/2023
/ Alabama ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Legislative Agendas ,
Licensees ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Open Meetings Act ,
State and Local Government
Jimmy Buffett was a spirit animal of the Budding Trends blog. We don’t quote from him as often as we do the Grateful Dead, Phish, Widespread Panic, or popular movies, but maybe because in many ways his lyrics are too good for...more
9/11/2023
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Dispensaries ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Recreational Use
For years, the cannabis industry has been the purview of entrepreneurs and those willing to operate in gray areas — those willing to take some measure of risk to recover the premium on that risk. As cannabis has become legal...more
I have literally (yes, literally) lost track of the number of times that the Alabama Medical Cannabis Commission or a court has ordered a halt to the AMCC’s efforts to issue licenses to medical cannabis operators. If you...more
9/1/2023
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government ,
State Legislatures
According to a report from Bloomberg News, the U.S. Department of Health and Human Services (HHS) is officially recommending to the U.S. Drug Enforcement Agency (DEA) that marijuana be moved from Schedule I to Schedule III...more