News & Analysis as of July 24, 2025

State and Local Government

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Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers. less -

Marijuana Legalization Cut From Wisconsin Governor’s Proposed Budget

Amundsen Davis LLC on 5/15/2025

Wisconsin Governor Tony Evers took another swing at legalizing cannabis in his proposed 2025-27 budget and struck out. On May 8, 2025, the Wisconsin Legislature’s Joint Finance Committee eliminated marijuana legalization from...more

Alabama Legislature Weighs Substantial Cannabis Reforms: Let’s All Take a Deep Breath

Bradley Arant Boult Cummings LLP on 3/4/2025

Well, it’s officially crazy season. An annual tradition in the Alabama statehouse since the inception of Alabama’s medical cannabis program, last week we saw a flurry of cannabis-related bills introduced with great fanfare...more

Weed-ing Through the Laws: A Snapshot of US Cannabis Legislation

Troutman Pepper Locke on 1/24/2025

Marijuana legislation is continuing to evolve in the new year across jurisdictions throughout the U.S. Below, we dive into a brief survey of notable changes to marijuana legislation across the U.S. during the first three...more

How Will the Cannabis World Look When Marijuana Is Rescheduled?

Bradley Arant Boult Cummings LLP on 1/14/2025

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

The Week in Weed: October 2024

Seyfarth Shaw LLP on 10/7/2024

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check in on ballot initiatives, or rather, lawsuits surrounding ballot initiatives. Then we see a new...more

The Impact of Cannabis Rescheduling on State Laws and Regulations: Insights From CANNRA

Troutman Pepper Locke on 7/25/2024

In May, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking to transfer cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), a change that could significantly affect current...more

Advising a Cannabis-Related Business: The Importance of Attorneys in Navigating the Marijuana Regulatory Framework and Licensing...

Troutman Pepper Locke on 5/30/2024

Introduction - The medicinal and recreational use and popularity of marijuana has continuously grown throughout the U.S. since Oregon became the first state to decriminalize marijuana in 1973. To date, thirty-eight states...more

Bridging the Gap: Cannabis Rescheduling to Align Policy with Research

Sheppard Mullin Richter & Hampton LLP on 5/10/2024

In a much-anticipated move, sources recently reported that the Drug Enforcement Administration (“DEA”) will recommend rescheduling cannabis from a Schedule I substance to a Schedule III substance under the federal Controlled...more

Federal Update on Cannabis Scheduling: Are State Legalized Cannabis Dispensaries to Become Pharmacies?

Epstein Becker & Green on 5/6/2024

A major update in cannabis law was announced by the Drug Enforcement Administration (DEA) and Attorney General (AG) this past Tuesday, April 30, 2024 regarding their intent to ease restrictions on cannabis. The DEA plans to...more

DEA Breaks Silence on Reclassification of Marijuana, Proposing Move to Schedule III

Akerman LLP on 5/6/2024

After months of anticipation following the U.S. Department of Health and Human Services' recommendation to reschedule marijuana from a Schedule I to a Schedule III controlled substance, we finally have insight into the...more

How Cannabis Cos. Are Adapting in Shifting Bankruptcy Arena

Troutman Pepper Locke on 3/4/2024

Although the possession and sale of cannabis remain federally illegal under the Controlled Substances Act, the U.S. Department of Justice has largely exercised a general policy of nonprosecution for state-regulated cannabis...more

The Continuing Negative Impact of Federal and State Taxation on the Cannabis Industry; Where Do We Go from Here?

Troutman Pepper Locke on 1/10/2024

The cannabis industry has experienced significant growth over the past decade, with increasing numbers of states legalizing both medical and recreational use. Currently, cannabis is legal for adults in 24 states and the...more

Fifth Circuit Upholds Marijuana User’s Second Amendment Rights – Will the Eleventh Circuit Do the Same?

Bradley Arant Boult Cummings LLP on 8/16/2023

A question frequently encountered in the cannabis industry involves a cannabis user’s gun rights. This stems from the ever-present federal and state law tension overlaying marijuana in the United States — thanks to the...more

Midterm Cannabis Results Remind That Progress Is Not Linear

Bradley Arant Boult Cummings LLP on 1/12/2023

Lost for many in the avalanche of news about the midterms, voters in five states went to the polls last month to vote on proposals allowing adult-use cannabis, often referred to as recreational cannabis. Originally...more

Cannabis Legal Report - July 2022

Perkins Coie on 7/8/2022

Florida Lawsuit Challenges Federal Regulations Regarding Firearm Purchases for Medical Cannabis Patients - Following a recent Supreme Court ruling, the Department of Justice (DOJ) has asked for more time to respond to a...more

West Virginia Legislature Adjourns Without Passing Meaningful Changes to Cannabis Laws

Bailey & Glasser, LLP on 7/6/2021

Consensus in American politics is increasingly rare - except, it seems, when it comes to the legalization of cannabis. According to a Pew Research Center survey conducted in April 2021, over 91% of Americans believe marijuana...more

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

Seyfarth Shaw LLP on 1/28/2020

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more

The Week in Weed: January 2020 #4

Seyfarth Shaw LLP on 1/24/2020

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. The big news in cannabis this week comes from New Mexico. Legislation introduced last Thursday would legalize...more

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

Stinson LLP on 1/15/2020

In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

The Medical Marijuana Industry and AML: Opportunities and Risks

Ballard Spahr LLP on 8/16/2018

New York State Encourages Banking for State-Licensed Medical Marijuana Businesses – Whereas a Maine Company Runs Into Trouble, Despite State Law Legalizing Medical Marijuana....more

Legislation Affecting the Pharmaceutical Industry

Farrell Fritz, P.C. on 6/27/2018

During a year in which legislative activity was restrained by a variety of factors, most notably the Senate’s inability to maintain a consistent majority, the New York State Legislature nonetheless still passed 641 bills,...more

Ethical Considerations For Attorneys in Light of the Rescission of the Cole Memorandum

Farrell Fritz, P.C. on 2/2/2018

As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th of this year. The Cole Memorandum had served to formally announce the DOJ’s policy that it would...more

New Fed Cannabis Policy Hits California Local Government - Potential Fiscal Impacts and Confusion

Best Best & Krieger LLP on 1/15/2018

Just days after the sale of recreational cannabis became legal in California, U.S. Attorney General Jeff Sessions issued a new policy regarding cannabis-related activities that is causing confusion for local governments — and...more

Rescission of Medical Marijuana Memoranda

Dickinson Wright on 1/12/2018

Attorney General Jeff Sessions issued a one-page memorandum on January 4, 2018 (the “Sessions Memo”) rescinding both the Cole and Ogden Memoranda which essentially established a Department of Justice (“DOJ”) prosecutorial...more

Attorney General Sessions' Rescission of DOJ Marijuana Guidance Signals Uncertainty for the Marijuana Industry

Stinson LLP on 1/8/2018

On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded all of the prior Obama-era Department of Justice (DOJ) marijuana-related guidance, including the so-called “Cole Memo.” That guidance had provided...more

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