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Appeals Marijuana

Fox Rothschild LLP

Court Upholds CSA, but Cannabis Businesses Still Have Deduction Options

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A recent 1st U.S. Circuit Court of Appeals ruling upheld a lower court decision that the Controlled Substances Act (CSA) does not violate federal law. The decision stems from Canna Provisions’ lawsuit against the government...more

Proskauer - Labor Relations Update

Oregon’s Cannabis Labor Peace Law Struck Down

On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as...more

Bradley Arant Boult Cummings LLP

Alabama Cannabis Court Faces Dilemma: To Treat Applicants Fairly or Equally?

“Equal is not fair, and fair is not equal. Equal is obtainable but fair is not.” The Montgomery County Circuit Court overseeing the launch of Alabama’s medical cannabis program has an interesting dilemma on its hands. It...more

Seyfarth Shaw LLP

The Week in Weed: June 2025

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Texas is the center of gravity in the hemp world. The First Circuit rules against cannabis businesses. ...more

Bradley Arant Boult Cummings LLP

Court Voids Alabama Medical Cannabis Awards: What’s Next on This Far Too Long, Too Strange Trip?

On Monday — the day after the holiest of days on the cannabis calendar and just days after a hearing during which the Montgomery County Circuit Court heard arguments about whether an emergency rule promulgated by the AMCC in...more

Dorsey & Whitney LLP

The Supreme Court Update - April 2, 2025

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The Supreme Court of the United States issued two decisions today: FDA v. Wages and White Lion Investments, L.L.C., No. 23-1038: This case concerns the validity of the FDA’s denial of electronic cigarette manufacturers’...more

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

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On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more

Carlton Fields

California Appellate Court Agrees Marijuana Delivery Driver’s Accident Not Covered Under Personal Auto Policy

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A California Court of Appeals decision brought one auto policyholder decidedly down from “cloud nine” in Murphy v. AAA Auto Insurance of Southern California, which found no coverage over a cannabis delivery service employee’s...more

Bradley Arant Boult Cummings LLP

No Funny Business: The Supreme Court Should Get Sirois

As you might have guessed from the title of this post, we are returning to cover new developments in the United States v. Sirois case. A few months ago, the First Circuit released an opinion that we discussed in an earlier...more

Stevens & Lee

Third Circuit Predicts No Private Right of Action for Denied Job Applicants Under New Jersey Cannabis Law

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On Dec. 9, 2024, a divided panel of the Third Circuit Court of Appeals affirmed the dismissal of a class action lawsuit by New Jersey job applicants denied employment by Walmart because they tested positive for cannabis. The...more

Bradley Arant Boult Cummings LLP

Alabama Appellate Court Appears Poised to Deliver Big Win for Cannabis Commission

Longtime readers of Budding Trends (and there are dozens of you) know that I have been saying over and over recently that – as counterintuitive as it may sound – the fastest way to get Alabama’s medical cannabis program...more

Vicente LLP

Cannabis Rescheduling Hearings Postponed: How Did We Get Here and What Happens Next?

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The much-anticipated hearings on the proposed rulemaking to reschedule cannabis, which were scheduled to begin on January 21, have been postponed for at least three months as a result of an appeal granted by DEA...more

Jackson Lewis P.C.

Federal Appeals Court Holds New Jersey’s Cannabis Law Provides No Private Right of Action

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The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for...more

Bradley Arant Boult Cummings LLP

Never Get Out of This Maze? Or a Path Forward for Alabama’s Medical Cannabis Program?

“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

Bradley Arant Boult Cummings LLP

Will 2025 Continue Circuit Court Harmony in Nationwide Litigation Involving State Law Hemp Legislation, or Will a Circuit Split...

You’ve probably seen the reports of the United States Fourth Circuit Court of Appeals’ January 7, 2025 opinion upholding a Virginia law that regulates consumable hemp products. I planned to put up a blog post soon after the...more

Blank Rome LLP

Hold Your Horses – Cannabis Rescheduling Hearings Stayed, Pending Appeal

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In the latest development in a road to rescheduling cannabis from Schedule I to Schedule III under the Controlled Substances Act (“CSA”), on January 13, 2025, in the Matter of Schedules of Controlled Substances: Proposed...more

Seyfarth Shaw LLP

The Week in Weed: January 2025 # 3

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we give you an update on the DEA re-scheduling hearing. ...more

Troutman Pepper Locke

Cannabis Rescheduling: ALJ Cancels Upcoming Hearings on Proposed Rulemaking

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Hearings on the merits of the Drug Enforcement Agency’s (DEA) proposed cannabis rescheduling, initially set to begin this month, have been cancelled. The preliminary hearing period has been littered with accusations that the...more

Seyfarth Shaw LLP

Re-scheduling in Limbo – Hearing Cancelled

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Drug Enforcement Administration (DEA) Administrative Law Judge (ALJ) John Mulrooney has cancelled the long-awaited cannabis re-scheduling hearing set for next week. Pro-reform advocates have suggested that the DEA had...more

Troutman Pepper Locke

Federal Appeals Court Deals Another Blow to Intoxicating Hemp Products in Virginia

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On January 7, the U.S. Court of Appeals for the Fourth Circuit found that Virginia’s hemp product restrictions do not violate federal law. The ruling is the latest defeat for the Virginia hemp industry’s efforts to overturn...more

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Perkins Coie

Cannabis Legal Report - March 2023

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Cannabis: In Focus - - DEA Classifies Two Lab-Derived Cannabinoids as Schedule I - Washington Federal Judge Dismisses Suit Challenging Residency Requirements...more

Perkins Coie

New York Cannabis Co. Investor Suit Survives Motion To Dismiss

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The District Court for the Western District of New York denied a motion on January 6, 2023, to dismiss claims alleging that a publicly traded company misled investors regarding an investigation by the U.S. Securities and...more

Perkins Coie

California State Appeals Court Affirms Bong Maker’s Win in Prop. 65 Suit

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A California state appeals court affirmed a bong maker’s win in a suit alleging it violated California’s Proposition 65 (Prop. 65) by failing to warn consumers that its products expose them to marijuana smoke that could cause...more

Bradley Arant Boult Cummings LLP

The Weeds Thicken: Making Sense of the Ninth Circuit’s Decision Finding Delta-8 Legal Under Federal Law

Delta-8-tetrahydrocannabinol (Δ8-THC) is legal under federal law. Or is it? It depends on who you ask. The Ninth Circuit has now weighed in on the issue, following the lead of several states, to conclude that Δ8-THC...more

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