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Mississippi Attorney General Deems Hemp Beverages Impermissible in Controversial Opinion, Highlighting Ongoing Tension Between the...

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

Senate Proposal Would Weed Out Prior Marijuana Use for Federal Job Applicants

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

California Bans Most Hemp Products and Illuminates Battle Between Hemp and Marijuana Businesses

What if I told you that California of all places – where virtually any adult can purchase marijuana on demand – was trying to harsh the mellow of citizens trying to access certain hemp-derived products? On the next 30 for 30,...more

Cannabis and Civil Litigation: Has the Cannabis Industry Finally Met Its Most Dangerous Foe?

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

Federal Appeals Court: Pay That Man His Money, Unless That Money Is Illegal Marijuana Money

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

Alabama Court Signals Possible Willingness to Allow Medical Program to Move Forward in Part

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

Cannabis Businessman Learns the Perils of the Not-So “Fine Print” – A Sobering Lesson For Us All

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

It Ain’t Over ‘til It’s Over: IRS reminds Taxpayers That Section 280E Applies to Marijuana Companies Until Rescheduling Becomes...

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

White Smoke: Habemus Proposed Rule Making on Marijuana Rescheduling!

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

Power Play or Fair Play? 21 Attorneys General Call for Prohibition of Intoxicating Hemp as Industry Faces Existential Threat

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

FTC Moves to Strike Most Noncompetes: Considerations for Cannabis Companies

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

Virginia: Not for Lovers of Cannabis

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

DOJ Just Said the Quiet Part Out Loud in Massachusetts Cannabis Case

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

Proposal to Revamp Alabama Medical Cannabis Program Met with Near-Unanimous Opposition

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

Delta-Nope: Florida Poised to Ban Delta-8 and Delta-10 Products

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

Groundhog Day: Alabama Dispensary, Integrated Licenses Delayed (Again)

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

AMCC Awards Five Integrated Licenses, Chaos to Follow

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

Third Time a Charm for Alabama Medical Cannabis Awards?

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

Dude, Where’s My Liquidation?

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

O-H-High-O: Ohio Adopts Adult-Use Marijuana Program

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

This Will Be Our Year, Took a Long Time to Come: Will 2024 Be the Year for Marijuana Legalization in North Carolina?

Once hailed by observers as the southern state most likely to legalize marijuana first, North Carolina has not kept pace with its northern neighbors in adopting laws to promote the growth of a vibrant medicinal and...more

This is the End: Alabama Medical Cannabis Commission Sets End Game Scenario – Will it Work?

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

The Roundabout: AMCC Litigation and Licensing Update

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

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