The Week in Weed: September 2020 #4

Seyfarth Shaw LLP

[author: Susan Ryan]

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Vermont moves closer to legalized cannabis sales. The House delayed a vote on the MORE Act. The DEA faces a lawsuit over their hemp rule. Plaintiffs dropped a suit over Illinois’ marijuana licensing. Will descheduling appear on the Supreme Court’s docket? The USDA’s relief aid program opens to hemp growers. The Alliance for Sensible Markets wants to set up interstate commerce for cannabis. And finally, Martha Stewart has a new CBD product.


It’s all up to the governor now. The Vermont Senate passed a bill allowing sales of cannabis in the state. As we reported last week, the governor could go either way on this legislation. Once again, further bulletins as events warrant.


We have another update on a story from last week. House Majority Leader Steny Hoyer (D-MD) removed the MORE Act from this weeks’ House floor schedule, and a vote may have to wait until after the election. Marijuana Business Daily has a look at what the future may hold for the legislation.


We reported last month that the hemp industry is less than delighted at the DEA’s new rule. Now, they’re suing. Late last week, the Hemp Industries Association and a South Carolina CBD manufacturer filed suit in DC federal court. They want the court to throw out the rule, claiming that it criminalizes a part of the extraction process. We’ll be keeping an eye on this.


The road to social equity in cannabis may run a bit smoother in future. Several unsuccessful business license applicants filed suit in federal court, claiming the state’s system discriminated against minority applicants. They’ve now dropped that suit after Governor J.B. Pritzker (D) announced changes to the system this week.


Will marijuana appear on the high court docket this term? The National Cannabis Industry Association and the Arcview Group hope that it will. They’ve filed an amicus brief, asking the court to hear Marvin Washington, et al., Petitioners v. William P. Barr, Attorney General, et al. Follow the action on the case at the court’s website.


The USDA expanded its virus relief program for farmers, and hemp growers are now eligible for funds. They were initially deemed ineligible, as prices did not decline sufficiently between January and April. Now, they can apply for relief under a new “flat-rate” crop category.


A new group is calling on governors of states where cannabis is legal or “soon to be” legal to join a group establishing interstate commerce. This would allow states with excess marijuana to export to states that don’t have enough to meet demand. The group’s organizers also believe it would increase investment in the industry and spur legalization in other states.


Martha Stewart has come out with a new line of CBD pâte de fruit (fruit-flavored gummies) under the Canopy Growth Corporation line.

Stay safe and be well everyone – we’ll see you next week!

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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