Last Friday, we saw an important development in the tortuous quest to issue integrated medical cannabis licenses in Alabama. Bottom line: The show will go on....more
2/10/2026
/ Administrative Hearings ,
Administrative Procedure Act ,
Alabama ,
Appeals ,
Appellate Courts ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Declaratory Judgments ,
Injunctions ,
Injunctive Relief ,
Jurisdiction ,
License Applications ,
Licensing Rules ,
Medical Marijuana ,
Regulatory Oversight ,
Rulemaking Process ,
State and Local Government ,
Subject Matter Jurisdiction
In a monumental decision almost five years in the making, the Alabama Medical Cannabis Commission on Thursday issued medical cannabis dispensary licenses to three applicants: GP6 Wellness LLC, RJK Holdings LLC and CCS of...more
1/13/2026
/ Alabama ,
Appeals ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Dispensaries ,
Licenses ,
Licensing Rules ,
Medical Marijuana ,
New Legislation ,
New Regulations ,
Patient Access ,
Physicians ,
Regulatory Authority ,
Regulatory Oversight ,
Regulatory Requirements ,
State and Local Government ,
State Health Departments ,
Supply Chain
Perhaps you’ve seen the headlines and perhaps you’re intrigued. Alabama physicians appear to be on the precipice of certifying patients to obtain medical cannabis for certain qualifying conditions....more
1/6/2026
/ Alabama ,
Cannabis Products ,
Certification Requirements ,
Compliance Monitoring ,
Controlled Substances ,
Controlled Substances Act ,
Government Agencies ,
Health Care Providers ,
Licensing Rules ,
Marijuana ,
Medical License ,
Medical Marijuana ,
New Guidance ,
New Regulations ,
Patient Access ,
Permits ,
Physicians ,
Regulatory Requirements ,
State and Local Government ,
Telemedicine
As we close the book on 2025 and look ahead, we can’t help but feel a strong sense that we’ve been here before. On the one hand, with the federal government potentially eradicating consumable hemp in November and the...more
1/2/2026
/ Administrative Procedure Act ,
Constitutional Challenges ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Hemp ,
Hemp Related Businesses ,
Internal Revenue Code (IRC) ,
Marijuana ,
Notice of Proposed Rulemaking (NOPR) ,
Rulemaking Process ,
SCOTUS ,
Second Amendment ,
Trump Administration
It’s that time of year again. Our annual round-up featuring some of the most read content on Budding Trends in the past year. This year’s edition has a little something for everyone: marijuana, hemp, mushrooms, state law,...more
1/2/2026
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Department of Health and Human Services (HHS) ,
Federal v State Law Application ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Regulatory Reform ,
Schedule I Drugs ,
State Legislatures ,
Surgeon General ,
Trump Administration
Are you not entertained? In a much-anticipated ceremony in the Oval Office, President Trump signed an executive order that (1) directs the attorney general to expeditiously reschedule marijuana to Schedule III and (2)...more
12/26/2025
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
Medical Marijuana ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration
On November 18, 2025, United States v. Sirois finally came to an end when Lucas Sirois and his father, Robert Sirois, were found guilty in the District of Maine on multiple charges related to a conspiracy to cultivate and...more
12/18/2025
/ Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Criminal Conspiracy ,
Criminal Procedure ,
Criminal Prosecution ,
DEA ,
Evidence ,
Federal Rules of Evidence ,
Federal v State Law Application ,
Fraud ,
Hemp ,
Jury Trial ,
Marijuana Related Businesses ,
Medical Marijuana ,
Motions in Limine ,
Regulatory Requirements ,
Rohrabacher-Farr Amendment
This morning, the Alabama Medical Cannabis Commission voted unanimously to issue dispensary licenses to four applicants. Absent a stay entered by a court or the commission, three of those licenses will be issued on January 8,...more
12/15/2025
/ Alabama ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Dispensaries ,
Health Care Providers ,
Licenses ,
Medical Marijuana ,
Pending Litigation ,
Physicians ,
Regulatory Authority ,
Regulatory Oversight ,
State and Local Government ,
Stays
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
12/15/2025
/ Anti-Money Laundering ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
DEA ,
Department of Justice (DOJ) ,
Food and Drug Administration (FDA) ,
Interstate Commerce ,
IRC Section 280E ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Recreational Use ,
Statutory Interpretation ,
Tax Liability
Sportscaster Jim McKay famously said that “our greatest hopes and worst fears are seldom realized.” When the federal government enacted a law that, on its face, would essentially eradicate the consumable hemp industry in...more
12/9/2025
/ Agribusiness ,
Cannabis Products ,
Controlled Substances Act ,
Enforcement Actions ,
Government Agencies ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
New Legislation ,
Regulatory Oversight ,
Risk Management ,
State and Local Government ,
Statutory Interpretation ,
Supply Chain
Shock. Grief. Dismay. Desperation. Just a few of the emotions I have encountered during countless phone calls and meetings with stakeholders in the hemp industry since the federal government enacted a law that would...more
12/5/2025
/ Appropriations Bill ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Department of Agriculture ,
Farm Bill ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
New Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Statutory Interpretation ,
Supply Chain
The Traveling Wilburys – perhaps the musical supergroup most aligned with the mood and spirit of the Budding Trends blog – tell us that it’s all right to live the life you please. The state of Alabama, however, has determined...more
12/3/2025
/ Alabama ,
Alcohol Beverage Control ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Compliance Dates ,
Enforcement Actions ,
Hemp ,
Licenses ,
Licensing Rules ,
Municipalities ,
New Legislation ,
Penalties ,
Product Labels ,
Product Packaging ,
Regulatory Requirements ,
Retailers ,
State and Local Government ,
Testing Requirements
Late Thursday, an administrative law judge (ALJ) in Montgomery issued a Recommended Order naming GP6 Wellness, LLC, RJK Holdings, LLC, CCS of Alabama, LLC, and Yellowhammer Medical Dispensaries, LLC as “the four most suitable...more
11/19/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Health Care Providers ,
Healthcare ,
Marijuana ,
Public Health ,
Registration Requirement ,
Regulatory Oversight ,
Regulatory Requirements ,
State and Local Government
You’re awake. This is real. Yes, the federal government just passed a law that, if it goes into effect in its current form in a year, will essentially destroy the non-industrial hemp industry as it exists today. So now what?...more
11/17/2025
/ Agribusiness ,
Appropriations Bill ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Congressional Intent ,
Department of Agriculture ,
Farm Bill ,
Hemp Cultivation ,
Hemp Related Businesses ,
Marijuana ,
New Regulations ,
Regulatory Requirements ,
Statutory Interpretation ,
Supply Chain ,
THC ,
USDA
“It’s not about ‘having’ time. It’s about making time. If it matters, you will make time.” – Unknown. Stakeholders in the marijuana space have been anxiously awaiting news about rescheduling marijuana since the Biden...more
10/15/2025
/ Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Popular ,
Proposed Legislation ,
Rulemaking Process ,
Schedule I Drugs ,
Trump Administration
Touting Medicare’s coverage of cannabidiol (CBD) for seniors as “the most important senior health initiative of the century,” President Trump provided a huge boost for the hemp industry as Congress debates the language of the...more
10/8/2025
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Donald Trump ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Government Shutdown ,
Hemp ,
Hemp Related Businesses ,
Medicare ,
New Legislation ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration
This past summer, a collection of hemp companies in Charm City Hemp, LLC asked a Maryland federal court for a preliminary injunction halting aspects of Maryland’s cannabis licensing scheme (the term cannabis encompassing both...more
10/1/2025
/ Appeals ,
Appellate Courts ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Farm Bill ,
Federal v State Law Application ,
Hemp ,
Preliminary Injunctions ,
Standing ,
State and Local Government
It’s not always bad news when cannabis operators interact with the federal government. After all, the federal government largely allows marijuana companies to operate in an overwhelming majority of states without federal...more
9/26/2025
/ Business Income ,
Business Taxes ,
Cannabis-Related Businesses (CRBs) ,
IRC Section 280E ,
Marijuana ,
Pass-Through Entities ,
Qualified Business Income ,
S-Corporation ,
Section 199A ,
Tax Court ,
Tax Deductions ,
Tax Liability
For the past eight months, cannabis operators and consumers in Texas — and nationwide — have closely watched the state’s hemp debate. As the second most populous state, Texas’ approach to consumable hemp is seen as a...more
9/23/2025
/ Enforcement Actions ,
Executive Orders ,
Hemp ,
Hemp Related Businesses ,
Minors ,
New Rules ,
Product Labels ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Health Departments ,
Testing Requirements ,
Texas
On August 11, 2025, the U.S. Drug Enforcement Administration officially transmitted a request to the Department of Health and Human Services to loosen the federal restriction on psilocybin, seeking to move one of the...more
8/26/2025
/ Administrative Procedure Act ,
Appeals ,
Clinical Trials ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Proposed Rules ,
Public Health ,
Regulatory Agencies ,
Regulatory Requirements ,
Rulemaking Process ,
Substance Abuse
Everything’s bigger in Texas, unless you’re talking about the medical cannabis program. It’s no secret that Texas has the potential to be a behemoth in the space, but for years, Texas’ medical cannabis program has lagged...more
8/20/2025
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Hemp Related Businesses ,
License Applications ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Rulemaking Process ,
State and Local Government ,
State Legislatures ,
Texas ,
THC
As Congress considers the future of the American hemp industry in debates over the next Farm Bill, I’m reminded of these wise words that apply to almost any circumstance where you find yourself vulnerable and similarly...more
We’ve written before that with rescheduling, with all of the excitement and pomp and circumstance that came with its announcement in the last year of the Biden administration, the whole thing was beginning to look like it may...more
7/29/2025
/ Cannabis Products ,
Controlled Substances Act ,
DEA ,
Department of Justice (DOJ) ,
Enforcement ,
Government Agencies ,
Marijuana ,
Regulatory Reform ,
Rulemaking Process ,
Schedule I Drugs ,
Trump Administration
What. Are. We. Doing. Here?
The latest from Capitol Hill is a doozy:
A congressional committee has approved a spending bill that contains provisions to block the Justice Department from rescheduling marijuana. The...more
7/22/2025
/ Congressional Committees ,
Controlled Substances Act ,
DEA ,
Department of Justice (DOJ) ,
Federal Budget ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Political Campaigns ,
Proposed Legislation ,
Trump Administration
During the course of the most recent session when the Alabama Legislature gutted Alabama’s consumable hemp program, I had the opportunity to hear from certain individuals with thoughtful, nuanced views on the pros and cons of...more
7/9/2025
/ Alabama ,
Cannabis Products ,
Controlled Substances ,
Criminal Prosecution ,
Hemp ,
Legislative Agendas ,
Marijuana ,
New Legislation ,
Pets ,
Regulatory Requirements ,
State Legislatures