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
1/15/2025
/ Agribusiness ,
Appeals ,
Cannabis Products ,
Constitutional Challenges ,
Controlled Substances Act ,
Dormant Commerce Clause ,
Farm Bill ,
Hemp ,
Marijuana ,
Medical Foods ,
Plant Based Products ,
Preemption ,
Regulatory Authority ,
State and Local Government ,
Virginia
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
7/25/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government ,
THC
Across states, lawmakers often embrace “medical” marijuana as a precursor to establishing a “recreational” marijuana market. Although marijuana remains illegal at the federal level — and would remain illegal even under the...more
The landscape of tobacco product and cannabis flavor bans or restrictions varies significantly across the country. In both industries, some states restrict all or some flavors in all types of products, while other states...more
The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones.
Originally published in Law360 - January 5,...more
4/5/2024
/ Attorney-Client Privilege ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Discovery ,
Exemptions ,
FOIA ,
Interagency Guidance ,
Marijuana ,
Motion for Summary Judgment ,
Records Request ,
Redacted Documents
On February 28, the Virginia General Assembly passed House Bill No. 698, which would legalize sales of recreational marijuana at retail in the Commonwealth. It now heads to the desk of Governor Glenn Youngkin, where its...more
3/5/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Licenses ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Plant Based Products ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Reform ,
State and Local Government ,
Virginia
The U.S. Department of Health and Human Services (HHS) has drawn criticism for heavily redacting a recommendation letter to the U.S. Drug Enforcement Administration (DEA) concerning the rescheduling of cannabis. HHS said the...more
The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. In the U.S., the primary mechanism by which...more
12/13/2023
/ Attorney-Client Privilege ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
FOIA ,
Government Agencies ,
Legalization ,
Marijuana ,
Motion for Summary Judgment ,
Public Interest ,
Public Records ,
Regulatory Reform ,
State Attorneys General ,
Transparency
Much attention has recently been placed on hemp-derived products marketed in packaging that mimics popular snack foods.
Originally published in Law360 - August 15, 2023....more
11/15/2023
/ Cannabis Products ,
Controlled Substances ,
Decriminalization of Marijuana ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
Plant Based Products ,
Product Packaging ,
Public Health ,
Recreational Use ,
THC
State attorneys general (AG) are continuing their push for cannabis banking reform, underscoring the need for action to promote public health and safety in legal cannabis markets. On Wednesday, a bipartisan group of 22 state...more
9/28/2023
/ Agribusiness ,
Banking Reform ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Marijuana Related Businesses ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
State Attorneys General
On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more
9/26/2023
/ Anti-Commandeering ,
Cannabis Products ,
Connecticut ,
Constitutional Challenges ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Federal v State Law Application ,
Legalization ,
Legislative Agendas ,
Preemption ,
Regulatory Oversight ,
State and Local Government ,
State Legislatures
On September 12, the New York Cannabis Control Board (CCB) approved final regulations governing the adult-use cannabis industry in New York, marking a long-awaited moment for industry participants and state regulators alike....more
9/26/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Deregulation ,
Dispensaries ,
Investment Opportunities ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New York ,
Real Party in Interest ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
State and Local Government
It has been widely reported and confirmed publicly that, on August 29, the U.S. Department of Health and Human Services (HHS) sent a letter to the Drug Enforcement Administration (DEA) recommending that cannabis be moved from...more
9/5/2023
/ Biden Administration ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Food and Drug Administration (FDA) ,
Marijuana ,
Medical Research ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Research and Development ,
Schedule I Drugs
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
8/24/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Dormant Commerce Clause ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Motion To Enjoin ,
New York ,
NY Supreme Court ,
Regulatory Oversight ,
Separation of Powers ,
State and Local Government ,
Veterans
Florida-based cannabis inventory tracking vendor Metrc LLC is asking a Colorado state court to toss a dispensary’s lawsuit challenging its process for charging so-called “support fees” as violative of state anti-trust and...more
8/9/2023
/ Cannabis Products ,
Colorado ,
Consumer Protection Act ,
Dispensaries ,
Florida ,
Injunctive Relief ,
Marijuana ,
Marijuana Related Businesses ,
Popular ,
Radio Frequency Identification (RFID) ,
Regulatory Oversight ,
Tracking Systems
The Massachusetts Cannabis Control Commission’s first and only executive director is supposedly planning to leave the agency, which is in the midst of implementing the state’s new cannabis equity law, enacted in August 2022....more
8/4/2023
/ Administrative Resignation ,
Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Hospitality Industry ,
Marijuana ,
Marijuana Related Businesses ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Restaurant Industry ,
State and Local Government
Under the sponsorship of Representatives Morgan Griffith (R-VA) and Angie Craig (D-MN), congressional lawmakers recently renewed their effort to force the Food and Drug Administration’s (FDA) hand in regulating cannabidiol...more
On February 9, Attorney General William Tong sued five Connecticut retailers for violating the state’s Unfair Trade Practices Act (UTPA) by selling allegedly illegal delta-8 tetrahydrocannabinol (THC) products, many of which...more
On January 26, the Food and Drug Administration essentially threw up its hands and announced that Congress needs to create a new regulatory pathway for cannabidiol (CBD) products because the existing pathways are inadequate...more
Is delta-8 tetrahydrocannabinol (THC) legal to sell in Virginia? We previously reported that the legislature rejected the governor’s attempts to stymie sales of delta-8 THC, but recent developments in the commonwealth call...more
The rapid evolution of the cannabis industry in the United States poses many unique questions, the most interesting of which is what cannabis regulation will look like under federal legalization. Although (legal) cannabis is...more
On June 23, the Virginia and Nevada attorneys general sent a letter on behalf of a bipartisan coalition of 23 state attorneys general, expressing concern about edible products containing tetrahydrocannabinol (THC) sold in...more
On April 27, the Virginia Senate voted to send SB 591, which would have effectively eliminated the delta-8 tetrahydrocannabinol (THC) product market in Virginia, back to committee, killing the bill for this year’s legislative...more
In the Agricultural Improvement Act of 2018 (also known as the 2018 Farm Bill), did Congress authorize hemp producers to handle “hot” hemp — cannabis byproducts that surpass the legal limit of delta-9 tetrahydrocannabinols...more
Governor Gavin Newsome recently signed California Assembly Bill 45 (AB 45) into law, which, among other things, allows hemp-derived cannabidiol (CBD) to be included in any food, beverages, and dietary supplements sold in...more