News & Analysis as of

State and Local Government Controlled Substances Act Cannabis-Related Businesses (CRBs)

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

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

Federal Appeals Court: Pay That Man His Money, Unless That Money Is Illegal Marijuana Money

Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law. A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to...more

Troutman Pepper Locke

Cannabis Rescheduling: Closing of the Comment Period and What Lies Ahead

Troutman Pepper Locke on

The proposed rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) marks a pivotal moment in the evolution of U.S. cannabis policy but may bring few practical changes to...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Sheppard Mullin Richter & Hampton LLP

Bridging the Gap: Cannabis Rescheduling to Align Policy with Research

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

Epstein Becker & Green

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

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

Akerman LLP

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

Akerman LLP on

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

Bradley Arant Boult Cummings LLP

DOJ Just Said the Quiet Part Out Loud in Massachusetts Cannabis Case

It turns out that if you want to know the Department of Justice’s policy on marijuana enforcement, you just have to sue them. In a remarkably candid showing of the DOJ’s current policy concerning marijuana enforcement,...more

Seyfarth Shaw LLP

Budtender Bankruptcy Blindside

Seyfarth Shaw LLP on

In a recent legal development that underscores the intricate interplay between federal bankruptcy law and the cannabis industry, a court case has emerged involving a bankruptcy filing by an employee of a cannabis company....more

Womble Bond Dickinson

Cannabis Legalization Efforts: How Far Did They Reach in 2023? How High Can They Go in an Election Year?

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As we enter another election year, cannabis legalization is sure to be a hot button issue at both the state and federal levels. A Gallup poll from November 2023 showed that public support for legalizing marijuana reached a...more

Troutman Pepper Locke

How Cannabis Cos. Are Adapting in Shifting Bankruptcy Arena

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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

Troutman Pepper Locke

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

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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

Perkins Coie

Cannabis Legal Report - July 2023

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FDA and FTC Issue Cease and Desist Letters to Companies Selling Delta-8 Edibles - On July 5, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) jointly sent cease and desist letters to six companies...more

Stark & Stark

Interstate Cannabis Commerce on the Horizon Thanks to California

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Despite the proliferation of in-state cannabis businesses and commerce, the sale and transportation of marijuana between and among states, even states with legal cannabis frameworks, remains federally prohibited due to the...more

Butler Snow LLP

Half-Baked: An Overview of Current Cannabinoid Laws & Regulations

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Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug...more

Bradley Arant Boult Cummings LLP

Editors’ Roundtable: A New Biden Doctrine?

Welcome to the third installment of the Editors’ Roundtable, in which our editors – Whitt Steineker, Jay Wright, Hunter Robinson, and Slates Veazey – discuss cannabis issues in the news and take a stab at where the cannabis...more

Brownstein Hyatt Farber Schreck

Cannabis on the Ballot: Five States Consider Legalization Amid Promise for Federal Reform

President Joe Biden’s momentous announcement last week that he would take executive action to pardon federal convictions for simple cannabis possession, coupled with a promise that his administration would review cannabis...more

Saiber LLC

New Jersey Enacts Bill Permitting NJEDA to Make Financial Incentives Available to Certain Cannabis Businesses

Saiber LLC on

The continuing federal prohibition of marijuana has made cannabis entrepreneurs in New Jersey rely on personal funds or private financing to get their projects up and running. This has put up a significant barrier to entry...more

Clark Hill PLC

Investing in State Law Compliant Cannabis Businesses: Part 1 - Getting Started

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The legal cannabis industry has been developing for years, but it is still difficult even for sophisticated investors to know where to start when thinking about investing in the cannabis industry. Stocks of publicly traded...more

Womble Bond Dickinson

Six Things You Need to Know About CBD and Other Hemp-containing Pet Products

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The trend toward state-level legalization of cannabis has led to a surge in cannabis-derived products and a continually evolving market with many types of cannabis products for people as well as their pets. Analysts predict...more

Foley Hoag LLP - Cannabis and the Law

Delta-8 — Sowing Confusion in the Cannabis Industry

Marketed as a legal way to get stoned, Delta-8 products have been hitting the shelves of gas stations and smoke shops nationwide. But how can a product that purportedly gets users high escape federal and state regulation? ...more

Perkins Coie

Another Blow to Bankruptcy Relief for Marijuana-Adjacent Debtors

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Though it appeared the smoke might blow in a more favorable direction, the hopes of marijuana-adjacent businesses using the Bankruptcy Code were snuffed out once again by the Bankruptcy Court in Colorado. The Controlled...more

Rivkin Radler LLP

Cannabis Investors and Producers Face Need for Due Diligence

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The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are...more

Rivkin Radler LLP

Cannabis Investments and Exit Strategies: A Case Study

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It is relatively easy for investors to make investments in cannabis companies. Given the risks, however, they would be well-advised to have an exit plan in the event their investment does not live up to their expectations....more

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