Cannabis Law Now Podcast: The ‘CannaBoies' Lawsuit and Why it Matters
A Path Toward Legalizing Interstate Cannabis Sales? Analyzing California Senate Bill 1326
Law School Toolbox Podcast Episode 298: Listen and Learn -- The Dormant Commerce Clause
Subro in Seconds VLOG - Carmack Amendment
Podcast: South Dakota v. Wayfair
Federal Economic Espionage Act Overview
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
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
When the Eastern Band of Cherokee launched sales of adult-use cannabis in September 2024 through a dispensary in western North Carolina, it presented a seismic shift. Unlike most other Tribal Nations that sell cannabis, the...more
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
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
On October 26, 2023, a group of large cannabis companies based in Massachusetts filed suit in the U.S. District Court for the Western District of Massachusetts against Merrick Garland, our current U.S. attorney general,...more
Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the same time, the SAFER...more
There Has Been Little Movement in Federal Legalization. This has led to cannabis investors and companies to downgrade expectations for federal legalization and focus their strategies on state reform. Federal lawmakers...more
Don’t miss your opportunity to attend Cannabis Law Institute 2023! From June 8th to June 10th, INCBA will host our marquee event at GW Law in Washington, DC. Register now for a multi-day immersive educational and networking...more
In 2022 the California legislature passed Senate Bill 1326, now codified at Section 26301, et seq. of the California Business and Professions Code, authorizing California to enter into “agreement(s) with another state or...more
This week, the U.S. Food & Drug Administration (FDA) posted warning letters to five hemp companies for, in the words of the FDA, "illegally selling products containing cannabidiol (CBD)." The warning letters and additional...more
Acting in one fell swoop, on September 18, 2022, California Governor Gavin Newsom signed 10 cannabis-related legislative bills into law. These bills, which touch on issues that run the gamut of the cannabis industry, are...more
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
Interstate commerce continues to be at the forefront of the industry's collective mind as we look for solutions to incongruence of supply and demand, stalled equity programs, and fierce competition between and among both...more
The current regulation of cannabis products in the U.S. and Canada has left many dazed and confused. There seems to be a lot of confusion and misinformation on the regulation of these products on both sides of the border....more
Cannabis remains illegal federally and in many states. The states that have legalized cannabis have a confusing patchwork of rules and regulations. As such, crossing state lines can create major problems in the cannabis...more
The trend toward state-level legalization of cannabis has led to a surge in cannabis-derived products and a continually evolving market with many types of cannabis products for people as well as their pets. Analysts predict...more
On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more
[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more
While marijuana remains illegal under federal law, it has been legalized in 15 states and the District of Columbia. Another 29 states have decriminalized marijuana or allowed its medical use, or both. This loosening of...more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana....more
Despite the 2018 Farm Bill’s relaxation of hemp regulation, and the fact that many states that have decriminalized or legalized cannabis and its derivatives, applicants still may face an uphill battle in obtaining federal...more
The continued efforts of federal, state, and local governments to legalize cannabis, both in medical and recreational uses, leaves many potential impacts, including environmental law and regulatory issues in the...more
LEGISLATION, REGULATIONS & STANDARDS - CBD Explodes In Popularity But Hits Regulatory Wall - Following the passage of the 2018 Farm Bill, which legalized the cultivation of hemp, cannabidiol (CBD) became the star...more
Federal bank regulators no longer require banks to submit suspicious activity reports (SARs) for legally authorized hemp business transactions, absent another required circumstance....more