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Holland & Hart LLP

the buzz: Cannabis News & Policy Update | April 2025

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Welcome back to the buzz, our monthly cannabis news and policy update. Your at-a-glance source for regulatory developments, agency announcements, and trends impacting the cannabis industry. In this edition of the buzz,...more

Frantz Ward LLP

Cannabis Litigation: Using Contractual Provisions to Avoid an Illegality Defense

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Concerns remain over the enforceability of cannabis contracts as recent cases highlight the conflict between state-sanctioned operations and federal illegality. In both state and federal courts, judges have anchored to the...more

Benesch

Cannabis Industry Quarterly Update: Q1 2025

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Movement on legalizing cannabis inches ahead on a federal level - Cannabis rescheduling hearings began on January 21, 2025, to evaluate moving cannabis from Schedule I to Schedule III of the Controlled Substances Act as...more

ArentFox Schiff

Top 10 Issues in the Cannabis Industry for 2025

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It is not all doom and gloom for the cannabis industry this year; positive developments across states and the potential (albeit remote) for federal rescheduling means the cannabis industry can expect ongoing advancements....more

The Rodman Law Group, LLC

What’s Next for Cannabis Rescheduling as New Leadership Begins at the DEA?

In the latest twist in the federal cannabis legalization process, President Donald Trump has nominated former Virginia state official and DEA officer, Terrance Cole, to head the Drug Enforcement Administration (“DEA”). Since...more

Seyfarth Shaw LLP

A RAW Deal – Court Opens the Door for Profit Disgorgement in Cannabis Trademark Case

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Last year, the case of BBK Tobacco & Foods LLP v. Central Agriculture Inc. made headlines in the trademark world when the Ninth Circuit held that district courts have jurisdiction to alter or cancel trademark applications. ...more

Bradley Arant Boult Cummings LLP

No Funny Business: The Supreme Court Should Get Sirois

As you might have guessed from the title of this post, we are returning to cover new developments in the United States v. Sirois case. A few months ago, the First Circuit released an opinion that we discussed in an earlier...more

Seyfarth Shaw LLP

The Week in Weed: February 2025 # 4

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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 Wisconsin, where the governor supports legalization. We have some news on DEA rescheduling....more

Frantz Ward LLP

Proposed Senate Bill 86 Seeks to Regulate Hemp Beverages and Intoxicating Hemp Products Differently

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Ohio lawmakers are moving to tighten hemp regulations following Governor Mike DeWine’s call to “regulate intoxicating hemp” and close legal gaps that may allow the marketing and sale of hemp products to minors. Senators Shane...more

Bradley Arant Boult Cummings LLP

The Story of the Ghost: How a “Loophole” Created a Behemoth of Intoxicating Cannabis Products and What (If Anything) Congress...

To paraphrase the legendary Dave Chapelle, in the midst of impersonating Rick James, “cannabis is a hell of a drug.” Thankfully I don’t mean that in the same sense as Mr. Chapelle/James did. I mean that marijuana and its...more

Vicente LLP

Cannabis Rescheduling Hearings Postponed: How Did We Get Here and What Happens Next?

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The much-anticipated hearings on the proposed rulemaking to reschedule cannabis, which were scheduled to begin on January 21, have been postponed for at least three months as a result of an appeal granted by DEA...more

ArentFox Schiff

Federal Cannabis Regulation - What to Expect in 2025

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On January 13, the chief administrative law judge of the US Drug Enforcement Administration (DEA), John Mulrooney, postponed the highly anticipated hearing on the rescheduling of cannabis under the Controlled Substances Act...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

Husch Blackwell LLP

THC Beverage Makers and Distributors: Top 5 Concerns for 2025

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In the past couple of weeks, I have been contacted by a few major news outlets about the legality of “THC beverages“. While it sounds like you can only find these products in a state-licensed cannabis dispensary, reporters...more

Foley Hoag LLP - Cannabis and the Law

Déjà Vu: Congress Extends Farm Bill for 1 Year

As expected, before the end of session, Congress authorized another 1-year extension of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), which had already been extended for one year beyond its initial...more

Husch Blackwell LLP

Cannabis Trends in 2025

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2024 was a primarily lean and flat year for the U.S. cannabis industry. The state-legal cannabis industry has been volatile from its inception, and 2024 represented a year of winnowing with many cannabis businesses failing....more

Holland & Hart LLP

Are Republicans Friend or Foe of the State-Regulated Marijuana Industry?

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With Republicans’ new trifecta of control over the White House, U.S. Senate and House of Representatives, it’s likely federal marijuana policy will change. But what could – or should – federal marijuana policy look like...more

Foley Hoag LLP - Cannabis and the Law

ALJ Sets Schedule and Ground Rules for Evidentiary Hearings on Marijuana Rescheduling

After months of uncertainty and what Administrative Law Judge John J. Mulrooney called “spirited motion practice by the Designated Participants,” we finally have some clarity on the path forward toward the potential...more

Seyfarth Shaw LLP

The Week in Weed: December 2024 #2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we consider changing the name of this column to “The Broken Record Report,” as we provide updates on, you...more

Bradley Arant Boult Cummings LLP

Cannabis & Trademarks: Protecting Your Stash

Trademark law protects businesses’ brand identities and helps prevent consumer confusion. The U.S. trademark system operates at both federal and state levels. Federal registration through the United States Patent and...more

Seyfarth Shaw LLP

The Week in Weed: December 2024

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week looks a lot like our last post – updates on the DEA re-scheduling process and on the Nebraska ballot...more

McCarter & English, LLP

DEA Begins Hearings on Cannabis Rescheduling

Earlier this week, the Drug Enforcement Administration (DEA) held a preliminary hearing as part of the ongoing process to determine whether cannabis should be reclassified from Schedule I to Schedule III of the Controlled...more

Bradley Arant Boult Cummings LLP

Take a Sad Song and Make It Better: Fifth Circuit’s Commercial Speech Ruling Leaves Door Open to State Law Challenge

In an April 2023 blog post, we questioned the constitutionality of Mississippi’s regulations that restrict medical cannabis businesses from advertising. And, in that post, we observed that challenging those regulations under...more

Bradley Arant Boult Cummings LLP

Pair of First Circuit Cases Give Court Opportunities for Recognizing Scope of Federal Authority to Regulate Marijuana Businesses

When you live in the cannabis world, you have to keep your head on a swivel. While most areas of the law see incremental changes over years — if not decades — cannabis developments come by the day if not the hour. In the...more

Bradley Arant Boult Cummings LLP

DEA Reschedules Rescheduling, and I’m Feeling a Little Like Charlie Brown Trying to Kick the Football

No, it’s not (just) a cruel play on words. Last week, the Drug Enforcement Administration announced a much-anticipated public hearing on the proposal to reschedule marijuana from early December until the first quarter of...more

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