News & Analysis as of

Dormant Commerce Clause Cannabis Products

Ice Miller

Unpacking Major Hemp Litigation Matters: From California to Virginia

Ice Miller on

In 2018, Congress enacted the Agricultural Improvement Act of 2018, referred to as the 2018 Farm Bill, legalizing the production and sale of hemp-derived cannabinoids at the federal level. Since doing so, the sale of food and...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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Vicente LLP

Virginia’s ‘Total THC’ Hemp Law Upheld by Fourth Circuit: What It Means for the Hemp Industry

Vicente LLP on

On January 7, 2025, the Fourth Circuit Court of Appeals issued its long-awaited decision in Northern Virginia Hemp & Agriculture v. Commonwealth of Virginia, holding that Virginia could implement “total THC” standards for...more

Bradley Arant Boult Cummings LLP

Federal Court Rules That Illegal Acts Are Legal Because They Are Illegal: Cannabis Law in a Nutshell

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

Stark & Stark

Oh, My Hemp! The Legality of Intoxicating Hemp Products and the Problems with New Jersey’s New Hemp Law

Stark & Stark on

​​​​​​​On the heels of the enactment of New Jersey’s new hemp law (L. 2024, c. 73; Senate Bill No. 3235) (the “Intoxicating Hemp Bill”) amending the definition of “legal” hemp and limiting the production and sale of...more

International Cannabis Bar Association...

[Event] Cannabis Law Institute 2024 - July 25th - 26th, Chicago, IL

The International Cannabis Bar Association (INCBA) is thrilled to announce the highly anticipated Cannabis Law Institute 2024 (CLI 2024), the marquee conference dedicated to advancing legal excellence in the rapidly evolving...more

Harris Beach Murtha PLLC

Does Rescheduling Cannabis Make it Eligible for Interstate Commerce?

Even with the expected rescheduling of cannabis from a Schedule I drug to a Schedule III drug, it will take more for it to be eligible for interstate commerce. Marijuana would remain subject to provisions of the Food,...more

Foley Hoag LLP - Cannabis and the Law

New Lawsuit Challenges Maryland Cannabis Administration’s Social Equity Program Under ‘Dormant Commerce Clause,’ Seeks Injunction...

According to a Complaint filed on January 26, 2024, in the United States District Court for the District of Maryland, Maryland's adult-use cannabis licensing program, which is currently limited to applicants who qualified for...more

Troutman Pepper Locke

New York State Court Enjoins Licensing of Adult-Use Cannabis Dispensaries Statewide Amid Retail Cannabis Regulation Disputes

Troutman Pepper Locke on

On August 18, 2023, a New York Supreme Court judge has enjoined New York cannabis regulators from further processing, approving, or investigating any new or pending applications for a state conditional adult-use retail...more

Clark Hill PLC

Addressing the Ramifications of Federal Legalization for the U.S. Cannabis Industry

Clark Hill PLC on

The cannabis industry rang in 2021 with high hopes of federal legalization, leading to a massive run-up in cannabis equity values. Eighteen months later, however, proposals for federal legalization continue to stagnate and...more

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