When we last examined marijuana reform at the federal level earlier this year, we warned that perfect can be the enemy of good. Our point was that we should not forego meaningful federal cannabis reform by holding out for...more
On May 4, 2022, South Carolina’s medical marijuana bill — SB 150, also known as the South Carolina Compassionate Care Act — was ruled unconstitutional by the state’s House of Representatives.
The constitutional challenge...more
Cannabis operators (from marijuana to hemp-derived products such as CBD) often get the sense they are one of the central targets of the federal government’s reach. But they are not in the same league lately as the COVID-19...more
4/25/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Coronavirus/COVID-19 ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Healthcare ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Warning Labels
What promises to be the first of a litany of legal interpretations of the new Mississippi Medical Cannabis Act (MMCA), Attorney General Lynn Fitch released an official attorney general’s opinion on April 15, 2022, regarding...more
4/25/2022
/ Amended Regulation ,
Business Operations ,
Cannabis Act ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Mixed-Use Zoning ,
Municipalities ,
Property Owners ,
Regulatory Oversight ,
State Attorneys General
Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more
4/22/2022
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Section 301 ,
State and Local Government ,
Termination
I have a confession that may not make me very popular around these parts: I am a litigator. That means I am cynical, jaded, grumpy, and always see the worst in people and situations. And while that may make me a bad choice...more
4/22/2022
/ Agribusiness ,
Business Formation ,
Business Litigation ,
Business Strategies ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Documentation ,
Legal Representatives ,
Marijuana ,
Marijuana Related Businesses ,
Recordkeeping Requirements
On April 8, the Mississippi Department of Health (MSDH) used a Friday news dump to release good news on the Mississippi medical cannabis front. We now have a clearer and fuller picture of how the state will regulate testing...more
4/14/2022
/ Advertising ,
Applications ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Comment Period ,
Decriminalization of Marijuana ,
Dispensaries ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Medical Marijuana ,
Proposed Regulation ,
State and Local Government ,
Testing Requirements ,
Work Permits
As the world turns in the new and exciting world of legal medical cannabis in Mississippi, momentum and progress coexist alongside impediments.
The Good -
Yesterday, the Mississippi Department of Health made two...more
4/7/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Governor Reeves ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures
On April 1, 2022, the House of Representatives passed H.R. 3617 ̶ the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act). This groundbreaking legislation, if passed in the Senate, would roll back more than 80...more
When you do what we do, you get a lot of calls and a lot of questions. Many of the calls and questions are not fruitful. Quite honestly, some of the calls are from folks whose interest in and experience with cannabis is, we...more
Time can move slowly in South Carolina – like the time it takes to turn a whole hog into a whole meal, or maybe to turn grain, yeast, and water into whiskey. When it comes to cannabis reform in South Carolina, however,...more
Only days ago, we discussed the prospects for cannabis reform in Tennessee. And lawmakers are already pushing such reform in the early days of this legislative session.
On the hemp front, Rep. Chris Hurt filed House Bill...more
Aristotle, Confucius, Voltaire, and Shakespeare – each of them famously cautioned, in some fashion and in his own language, that perfect is the enemy of good. While we should strive for the best result, if the best result is...more
Earlier this week, leadership from both chambers of the Mississippi Legislature agreed to a draft bill for a Mississippi medical marijuana program. Lawmakers have asked Gov. Tate Reeves to call them into special session on...more
10/1/2021
/ Cannabis Act ,
Cannabis-Related Businesses (CRBs) ,
Governor Reeves ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Proposed Legislation ,
State and Local Government ,
State Legislatures
Alabama became the 36th state to allow cannabis for medical use when Gov. Kay Ivey signed into law the Darren Wesley ‘Ato’ Hall Compassion Act on May 17, 2021. The act establishes a process through which applicants will...more
8/27/2021
/ Alabama ,
Cannabis Products ,
Legalization ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
State and Local Government ,
State Legislatures ,
Transport Rule
Alabama became the 36th state to allow cannabis for medical use when Gov. Kay Ivey signed into law the Darren Wesley ‘Ato’ Hall Compassion Act on May 17, 2021. The act establishes a process through which applicants will...more
7/29/2021
/ Agribusiness ,
Alabama ,
Applicants ,
Applications ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Governor Ivey ,
Licenses ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Required Documentation ,
State and Local Government
On July 14, 2021, Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR), and Sen. Cory Booker (D-NJ) unveiled a draft of the Cannabis Administration and Opportunity Act.
The...more
The Mississippi Medical Marijuana program will not go forward – at least not at this time. On Friday, the Mississippi Supreme Court handed down its decision in the City of Madison’s challenge to Initiative 65, Mary Hawkins...more
In February a bill to legalize, regulate, and tax non-smokable medicinal cannabis passed through the Alabama Senate on a 21-10 vote. Progress on the bill slowed after moving to the House. The medical cannabis bill passed both...more
Earlier this week, the Mississippi Department of Health (MSDH) published a second set of proposed rules and regulations, which include Subpart 3 (Advertising and Marketing) and Subpart 4 (Tracking and Labeling). The MSDH...more
Yesterday, the Mississippi Supreme Court held oral argument in the City of Madison’s challenge to Initiative 65, Mary Hawkins Butler v. Michael Watson, 2020-IA-01199-SCT. Madison Mayor Mary Hawkins Butler asked the court to...more
Over the last month, the Mississippi Department of Health (MSDH) has been working to meet the July 1, 2021, deadline that Initiative 65 imposed on the MSDH to publish its final rules and regulations governing Mississippi’s...more
Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that two-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both...more
11/20/2020
/ Americans with Disabilities Act (ADA) ,
Ballot Measures ,
Controlled Substances Act ,
Drug Testing ,
Employer Liability Issues ,
Legalization ,
Local Elections ,
Marijuana ,
Reasonable Accommodation ,
State and Local Government ,
State Elections ,
State Labor Laws ,
Zero Tolerance Policies
More and more states across the South are adopting medical marijuana regimes. With this growth comes growing pains. One such pain for marijuana businesses is the tension between following state laws on a product that is still...more
1/9/2020
/ Books & Records ,
Brick-and-Mortar Stores ,
Business Taxes ,
Controlled Substances ,
Cost of Goods Sold (COGS) ,
Decriminalization of Marijuana ,
Dispensaries ,
Income Taxes ,
IRC Section 280E ,
IRS ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
State Taxes ,
Tax Deductions ,
Tax Planning
The U.S. Food and Drug Administration (FDA) sent a shot across the bow of the cannabidiol (CBD) industry on November 25. The FDA disclosed that it issued warning letters to 15 companies “for illegally selling products...more
11/27/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dietary Supplements ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels