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
A few weeks ago, someone at a holiday party asked “Whitt, why doesn’t Budding Trends take on the weighty legal issues of the day and instead resort to cheap pop culture references and puns?” I thought about responding with a...more
1/14/2025
/ Banking Sector ,
Compliance ,
Controlled Substances ,
DEA ,
Dispensaries ,
Food and Drug Administration (FDA) ,
Intellectual Property Protection ,
Interstate Commerce ,
Investment ,
Investors ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Pharmaceutical Industry ,
Pharmacies ,
Private Equity ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government ,
State Taxes ,
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
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
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
Legend has it that Alice Cooper originally titled his hit “Preschool’s Out Forever.” I made that up, but it occurred to me when I read a headline from Law360 that read “Under Pot Law, Preschool Isn’t ‘School,’ Ariz. Court...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
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 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
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
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
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
Hold the phones, Alabama medical cannabis integrated applicants (and probably dispensary licensees). Last night the Montgomery County Circuit Court issued three orders that will at least temporarily pause the issuance of the...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
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
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
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
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
Last Thursday was License Award Day 2.0 for the Alabama Medical Cannabis Commission. The more things change, the more they stay the same. Nineteen of the applicants awarded licenses in June, before the process was halted due...more
8/15/2023
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Regulatory Requirements ,
State and Local Government
In a court hearing yesterday in the Montgomery County Circuit Court, it appeared that the staff of the Alabama Medical Cannabis Commission was prepared to move forward announcing licensees at its meeting on Thursday and that...more
8/8/2023
/ Alabama ,
Cannabis Products ,
Decriminalization of Marijuana ,
Dispensaries ,
Failure to Comply ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Medical Marijuana ,
Mootness ,
Open Meetings Act ,
Regulatory Agenda ,
Rules of Professional Conduct ,
State and Local Government ,
State Constitutions
In a shocking development only four days after announcing its intent to issue 21 licenses to cultivators, processors, dispensaries, secured transporters, laboratory testing facilities, and integrated facilities, the Alabama...more
6/19/2023
/ 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 ,
Stays
Yesterday was a day years in the making for would-be medical cannabis operators in Alabama, as the Alabama Medical Cannabis Commission (AMCC) announced its intent to issue 21 licenses to cultivators, processors, dispensaries,...more
6/13/2023
/ Alabama ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government
We have long suspected that North Carolina may be the next great cannabis market. In describing North Carolina as “the sleeping giant of the South,” we wrote recently:
From Murphy to Manteo, North Carolina is a state that...more
1/26/2023
/ Cannabis Products ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
North Carolina ,
Patients ,
Proposed Legislation ,
State and Local Government ,
Suppliers