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
A few weeks ago, someone at a holiday party asked “Whitt, why doesn’t Budding Trends take on the weighty legal issues of the day and instead resort to cheap pop culture references and puns?” I thought about responding with a...more
On May 16, 2024, the U.S. Department of Justice (DOJ) issued its proposed rules to transfer cannabis from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. The DOJ’s proposal follows the U.S....more
One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...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
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
Despite the proliferation of in-state cannabis businesses and commerce, the sale and transportation of marijuana between and among states, even states with legal cannabis frameworks, remains federally prohibited due to the...more
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the big news is what didn’t happen – the FDA didn’t propose regulations for the use of CBD in food....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 Regulators Association (CANNRA) recently convened the first-ever External Stakeholders Meeting in Seattle, Washington. For two days, regulators and stakeholders from over forty states assembled to discuss...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
Last month, the U.S. Supreme Court denied review of a case out of Colorado dealing with a medical marijuana dispensary’s challenge to a tax code provision. After denying review, Justice Thomas—one of the Court’s most...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
Have you ever had a friend or family member ask you to ship them Edibles? Lotion? CBD? Something to help Aunt Sally’s sciatica? Shipping some of these things is not illegal, but it still can feel uneasy taking them to the...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
There’s a lot of confusion and questions about CBD products and what it means for CBD-related industries, especially those in the food and beverage industry. The Agricultural Improvement Act of 2018, also known as the “Farm...more
On December 3, 2019, four federal agencies – the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (“FDIC”), the Financial Crimes Enforcement Network (“FinCEN”), and the Office of the...more
Since the effective date of the 2018 Farm Bill, banking and the inability to acquire financing have been major impediments for the hemp industry. While demand for hemp continues to grow, banking regulations have still been...more