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
What. Are. We. Doing. Here?
The latest from Capitol Hill is a doozy:
A congressional committee has approved a spending bill that contains provisions to block the Justice Department from rescheduling marijuana. The...more
7/22/2025
/ Congressional Committees ,
Controlled Substances Act ,
DEA ,
Department of Justice (DOJ) ,
Federal Budget ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Political Campaigns ,
Proposed Legislation ,
Trump Administration
During the course of the most recent session when the Alabama Legislature gutted Alabama’s consumable hemp program, I had the opportunity to hear from certain individuals with thoughtful, nuanced views on the pros and cons of...more
7/9/2025
/ Alabama ,
Cannabis Products ,
Controlled Substances ,
Criminal Prosecution ,
Hemp ,
Legislative Agendas ,
Marijuana ,
New Legislation ,
Pets ,
Regulatory Requirements ,
State Legislatures
They paved paradise and put up a parking lot. That’s been the tenor of what I’ve heard and read from stakeholders in the Alabama hemp industry in response to the enactment of comprehensive hemp reform legislation earlier this...more
5/28/2025
/ Alabama ,
Cannabis Products ,
Hemp ,
Legislative Agendas ,
Manufacturers ,
Marijuana ,
New Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Retailers ,
State and Local Government ,
State Legislatures
Earlier this month, President Trump tapped “physician-turned wellness influencer” Casey Means as his nominee for surgeon general. Means has close ties to Health and Human Services Secretary Robert F. Kennedy Jr., and Trump...more
5/21/2025
/ Cannabis Products ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Legislative Agendas ,
Marijuana ,
Physicians ,
Proposed Legislation ,
Public Health ,
Trump Administration
“Compromise” sometimes gets a bad rap. And history teaches us that there can be bad compromises. But as your resident glass-is-half-full contributor who has also been closely following debate over access to consumable hemp...more
5/9/2025
/ Alabama ,
Cannabis Products ,
Government Agencies ,
Hemp ,
Legislative Agendas ,
Licensing Rules ,
Marijuana ,
New Legislation ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
State Legislatures
There’s a great scene in the movie Wall Street when the up-and-coming Charlie Sheen (pre-Tiger Blood and now that I think about it maybe the precursor to the “winning!” mantra that seems to resonate today) is playing the role...more
4/1/2025
/ Alabama ,
Appellate Courts ,
Government Agencies ,
Judicial Proceedings ,
Legislative Agendas ,
Licensing Rules ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Proposed Legislation ,
Regulatory Requirements ,
State and Local Government
I’ve had Georgia on my mind these days. I needed to get that out immediately because otherwise I would have been hearing that song in my head the entire time I was writing.
As is the case in many capitals around the...more
3/12/2025
/ Cannabis Products ,
Georgia ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Proposed Legislation ,
Regulatory Reform ,
State and Local Government ,
State Legislatures
To paraphrase the legendary Dave Chapelle, in the midst of impersonating Rick James, “cannabis is a hell of a drug.” Thankfully I don’t mean that in the same sense as Mr. Chapelle/James did. I mean that marijuana and its...more
For the hemp industry, it appears the beatings will continue until morale improves. Following the lead of a number of other states in recent years, the Alabama Legislature is set to consider a measure that would eliminate...more
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
“The overhead view is of me in a maze.”
I don’t know what it says about me that the great Trey Anastasio and Tom Marshall of Phish fame were able to encapsulate my feelings so neatly – and the feelings of so many...more
1/28/2025
/ Alabama ,
Appeals ,
Appellate Courts ,
Business Licenses ,
Compliance ,
Enforcement Actions ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government
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
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
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
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
The 1984 film The Terminator featured a deadly robot assassin who looked like a regular guy (if by “regular guy” you mean a young, jacked Arnold Schwarzenegger). The horror of it all was that the victims could not tell if the...more
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
It’s hard to be surprised when you’ve been writing and talking about government decisions about the cannabis industry over the past decade. But I’ll admit that my eyebrows raised when I read a recent letter from the solicitor...more