News & Analysis as of

Marijuana Preemption Cannabis Products

Shipman & Goodwin LLP

Oregon Labor Peace Agreement Requirement Struck Down as Preempted by NLRA

Shipman & Goodwin LLP on

On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more

Harris Beach Murtha PLLC

Minnesota Tribal Land Ruling Undercuts Cannabis Sovereignty

In a pivotal decision with significant implications for tribal sovereignty and cannabis regulation, a Minnesota judge recently ruled the state may criminally prosecute tribal members for cannabis-related offenses occurring on...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

Foley Hoag LLP - Cannabis and the Law

Federal District Court Grants Partial Victory to Hemp Operators Challenging the NJHAA

In a decision that reads as one of the strongest endorsements of state-based intoxicating hemp regulatory controls in recent memory, the U.S. District Court for the District of New Jersey (“Court”) recently upheld, in part,...more

Carlton Fields

In the Weeds With the Farm Bill: 7th Circuit Says States Can Regulate Smokable Hemp but Can't Go Too Far

Carlton Fields on

The 2018 Farm Bill made waves in the cannabis industry by descheduling some cannabis products from the Controlled Substances Act for the first time. While the bill removed restrictions under federal law, it also encouraged...more

Akerman LLP - Marks, Works & Secrets

Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to...more

Holland & Hart - Employers' Lawyers

FLSA and the Cannabis Industry: 10th Circuit Rejects ‘Illegality’ Defense

Although legal for medical and recreational use in Colorado, cannabis is still federally classified as an illegal Schedule 1 substance. As such, tension results when considering the applicability of federal employment...more

Lathrop GPM

America's Growing Embrace of Cannabis

Lathrop GPM on

The laws and regulations of the U.S. and each individual state are evolving at a significant pace concerning one genus of flowering plants, and mostly with a tender embrace. Despite being criminalized for the greater part...more

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