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
Believe it or not, I actually spend a lot of time deciding whether something is worth taking the time to write about. Cannabis news is developing as rapidly as any area of the law, and there are only so many hours in a day....more
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
When you work in the cannabis business, you get used to answering questions that don’t always make sense. One question we get most often is whether an employee can use a legal product that nonetheless may cause the employee...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
I can only assume that being a cannabis regulator is a challenging and usually thankless job. The laws are relatively new and constantly evolving. Operators are always pushing the science faster than regulators can promulgate...more
9/30/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
Farm Bill ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Oversight ,
State and Local Government ,
State Bans ,
State Legislatures
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
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
As we at Budding Trends reported last week, the DEA is set to finally accept the recommendation of the U.S. Department of Health and Human Services (HHS) to reschedule marijuana from Schedule I to Schedule III under the...more
5/7/2024
/ Administrative Law Judge (ALJ) ,
Cannabis Products ,
Congressional Review Act ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Judicial Review ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Notice of Proposed Rulemaking (NOPR) ,
OMB ,
Public Comment ,
Regulatory Agenda ,
Schedule I Drugs ,
State and Local Government
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
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
It’s not a joke. On April 1, 2024, the Florida Supreme Court ruled that voters will decide in November whether Florida will become the 24th state to legalize adult-use marijuana. In the face of significant opposition that...more
4/11/2024
/ Ballot Measures ,
Cannabis Products ,
Decriminalization of Marijuana ,
Florida ,
General Elections ,
Legislative Agendas ,
Marijuana ,
Recreational Use ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures
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
Well, it’s here. Late yesterday afternoon Sens. Tim Melson and David Sessions introduced the long-awaited “legislative fix” to help get Alabama’s long-stalled Alabama medical cannabis licensing program off the ground. The...more
Following the lead of President Joe Biden’s pardon of simple marijuana possession, Massachusetts Gov. Maura Healy recently announced plans to issue a series of pardons for those convicted of misdemeanor marijuana possession...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