# Cannabis Law Journal

> A Selection of Premium Articles


## Posts

- [Amber Lengacher @ Rod Kight:  Hemp Law Updates – Big Changes in Texas, Minnesota, Tennessee, and Kentucky](https://journal.cannabislawreport.com/amber-lengacher-rod-kight-hemp-law-updates-big-changes-in-texas-minnesota-tennessee-and-kentucky/): If you are new to cannabis or hemp, you may be overwhelmed by the headlines recently. But rest assured, those of us who have been around for a few years understand that change is inevitable in these industries and the ability to pivot is crucial to success. Perhaps more importantly though, the fight to end prohibition is far from over and we need each of you to remain diligent in order to truly right history.
- [Eapen Thampy @ Rod Kight: The National Security Implications of Protecting Legal Hemp Access in the United States](https://journal.cannabislawreport.com/eapen-thampy-rod-kight-the-national-security-implications-of-protecting-legal-hemp-access-in-the-united-states/)
- [Harris Sliwoski: Locked Out: SBA’s New Lending Policy Targets Hemp and Marijuana-Adjacent Businesses](https://journal.cannabislawreport.com/harris-sliwoski-locked-out-sbas-new-lending-policy-targets-hemp-and-marijuana-adjacent-businesses/): In yet another setback for hemp and marijuana-adjacent businesses, the U.S. Small Business Administration (SBA) has quietly reintroduced a policy that effectively disqualifies most of them from critical federal loan programs. The updated policy, effective June 1, has far-reaching consequences for small businesses operating in compliance with state law (and for some, in compliance with federal law) – especially those selling hemp-derived foods, supplements, and cosmetics (collectively, “Consumable Hemp Products”).
- [Sydney Criminal Lawyers: Medicinal Cannabis Drug Driving Defence Introduce in NSW Parliament](https://journal.cannabislawreport.com/sydney-criminal-lawyers-medicinal-cannabis-drug-driving-defence-introduce-in-nsw-parliament/): New South Wales Greens MLC Cate Faehrmann has long been attempting to address the legal anomaly that sees prescribed users of medicinal cannabis at risk of losing their drivers licence whenever behind the wheel, including when unimpaired.
- [Bradley: And Now the Rest of the Story: Alabama’s New Hemp Restrictions Also Legitimize Segments of the Industry](https://journal.cannabislawreport.com/bradley-and-now-the-rest-of-the-story-alabamas-new-hemp-restrictions-also-legitimize-segments-of-the-industry/): They paved paradise and put up a parking lot. That’s been the tenor of what I’ve heard and read from stakeholders in the Alabama hemp industry in response to the enactment of comprehensive hemp reform legislation earlier this month. And for reasons I will explain below, I am extremely sympathetic to anyone whose livelihood was negatively impacted by the legislation (although some actors are probably more sympathetic than others).
- [Dykema: Federal Labor Law Preempts State’s Attempt To Regulate Union Activity In Cannabis Industry](https://journal.cannabislawreport.com/dykema-federal-labor-law-preempts-states-attempt-to-regulate-union-activity-in-cannabis-industry/): In an ironic turn of events this week, the application of federal law benefited state-licensed cannabis businesses in Oregon—and potentially nationwide. Those involved with the cannabis industry often view federal law as an impediment to cannabis businesses, given the ongoing federal illegality of cannabis and the extremely burdensome federal tax obligations created by Section 280E of the tax code. However, the National Labor Relations Act (“NLRA”) and the body of federal case law that has sprung up around it worked to nullify an Oregon ballot initiative that would have improperly restricted licensed cannabis operators from discussing the pros and cons of unionization with their workforces.
- [HWL Ebsworth: Australia: TGA Regulations and Medicinal Cannabis Advertisement](https://journal.cannabislawreport.com/hwl-ebsworth-australia-tga-regulations-and-medicinal-cannabis-advertisement/): As Australia’s medicinal cannabis industry grows, so too does the scrutiny over how it’s marketed. The recent actions taken by the Therapeutic Goods Administration (TGA) against several entities for alleged unlawful advertising practices, signal a firm stance on upholding the standards set out in the Therapeutic Goods Act 1989 (Cth) (the Act). As the industry grows, this article serves as a timely reminder of the legal responsibilities surrounding the promotion of therapeutic goods and the consequences of non-compliance.
- [Harris Sliwoski: First Circuit Holds the Line Against Cannabis Businesses](https://journal.cannabislawreport.com/harris-sliwoski-first-circuit-holds-the-line-against-cannabis-businesses/): In fall of 2023 I wrote about the lawsuit to end federal prohibition that wouldn’t really end federal prohibition. Last July, a federal district court ruled against Canna Provisions et al. in that case. On Wednesday, May 27th, the First Circuit Court of Appeals upheld the lower court’s ruling.
- [Foley Hoag: Proposed Bill from Joint Cannabis Committee Would Adopt Meaningful Reforms to Struggling Mass. Cannabis Industry](https://journal.cannabislawreport.com/foley-hoag-proposed-bill-from-joint-cannabis-committee-would-adopt-meaningful-reforms-to-struggling-mass-cannabis-industry/): Nearly nine years after voters authorized the regulated sale of adult use cannabis in Massachusetts, the Joint Cannabis Committee is addressing the challenges (and that’s an understatement) the industry is facing with a very meaningful reform bill.  The bill faces a vote from the Joint Committee and has a long road ahead to pass both the House and Senate, but could provide a shot in the arm to a state market beleaguered by price compression, an accounts receivable crisis, frozen capital markets, failure to launch social equity goals, and well-documented dysfunction from the Cannabis Control Commission. We will explore the bill in more detail in this space, but highlights of the proposed legislation include:
- [Husch Blackwell: Minnesota Adult Use Cannabis Updates](https://journal.cannabislawreport.com/husch-blackwell-minnesota-adult-use-cannabis-updates/): We assisted multiple clients in completing and submitting their adult-use cannabis license applications to the Office of Cannabis Management (“OCM”), and we continue to monitor how and when the OCM evaluates those applications. Meanwhile, Minnesota’s rollout of its adult-use cannabis market continues—slowly but surely—with recent developments including:
- [Arent Fox Schiff: California’s Cannabis Crackdown: Record Seizures and Budget Reforms Aim to Level the Playing Field](https://journal.cannabislawreport.com/arent-fox-schiff-californias-cannabis-crackdown-record-seizures-and-budget-reforms-aim-to-level-the-playing-field/): Since January, California officials have seized more than $316 million worth of illegal cannabis and $474,000 in cash through coordinated enforcement actions with state agency partners and local governments.
- [Harris Beach Murtha: Minnesota Tribal Land Ruling Undercuts Cannabis Sovereignty](https://journal.cannabislawreport.com/harris-beach-murtha-minnesota-tribal-land-ruling-undercuts-cannabis-sovereignty/): In a pivotal decision with significant implications for tribal sovereignty and cannabis regulation, a Minnesota judge recently ruled the state may criminally prosecute tribal members for cannabis-related offenses occurring on reservation land — even after Minnesota legalized adult-use cannabis in 2023. The ruling in State v. Thompson underscores the growing divide between states such as Minnesota, where cannabis enforcement against tribal members continues, and more collaborative models such as New York’s, where tribal cannabis businesses operate with state support and minimal interference.
- [Harris Sliwoski: America’s Missed Opportunity in the Global Marijuana Market](https://journal.cannabislawreport.com/harris-sliwoski-americas-missed-opportunity-in-the-global-marijuana-market/): After attending the International Cannabis Business Conference (ICBC) in Berlin at the end of April, I was reminded, yet again, of how draconian U.S. marijuana laws truly are. The excitement throughout the event was palpable. Much of it was driven by Germany’s newly formed government keeping its quasi-legalization policy intact, even if adult-use trials remain uncertain. Optimism surrounding the European cannabis market was everywhere. Unfortunately, state-legal U.S. marijuana operators can’t share in this enthusiasm.
- [Husch Blackwell: Is Alcohol-Style Federal Regulation Coming for THC Beverages?](https://journal.cannabislawreport.com/husch-blackwell-is-alcohol-style-federal-regulation-coming-for-thc-beverages-2/): Unless you’ve been living under a rock, you know that “THC beverages” derived from hemp have exploded across America (at least in states where they are allowed by law). Time and again, due to the legal ambiguities and limitations posed by the 2018 Farm Bill, the THC beverage industry has advocated for regulation at both the state and federal levels. While certain states are eager to regulate this segment of the cannabis industry (see Minnesota, for example), others are not, and Congress has yet to take meaningful action on regulation.
- [Vicente: Frequently Asked Questions About Hemp Beverages: How Federal and State Laws Are Reshaping the THC Drink Market](https://journal.cannabislawreport.com/vicente-frequently-asked-questions-about-hemp-beverages-how-federal-and-state-laws-are-reshaping-the-thc-drink-market/): There is no universal definition, but generally, a hemp beverage is any drink, typically a seltzer, soda, or mocktail, containing hemp-derived cannabinoids or terpenes. Common cannabinoids in these beverages include CBD and THC, and other minor cannabinoids such as CBN and CBG. Some hemp beverage companies also offer versions of their drinks that do not contain cannabinoids, instead incorporating adaptogens, functional ingredients like lion’s mane mushrooms, or similar ingredients.
- [Torys: Exploring A Canadian Regulatory Framework For Cannabidiol (CBD)](https://journal.cannabislawreport.com/torys-exploring-a-canadian-regulatory-framework-for-cannabidiol-cbd-2/): Health Canada is seeking stakeholder consultation for a proposed framework that would allow Canadians to access cannabidiol (CBD) containing health products without a prescription. The newly-published discussion paper, Towards a pathway for health products containing cannabidiol, sets out the organization’s preliminary suggestions for regulatory amendments affecting both humans and animals.
- [Benesch: Illinois Cannabis Outlook 2025: WhereAre We and Where Are We Going?](https://journal.cannabislawreport.com/benesch-illinois-cannabis-outlook-2025-whereare-we-and-where-are-we-going/): Illinois maintained its position as one of the largest cannabis markets in the country with totalcannabis sales exceeding $2 billion in 2024, but legislative gridlock in Springfield continues to stymiethe market.
- [Amber Lengacher - Rod Kight:  The sun is setting on proposed hemp bills in the Sunshine State](https://journal.cannabislawreport.com/amber-lengacher-rod-kight-the-sun-is-setting-on-proposed-hemp-bills-in-the-sunshine-state/): The morning of April 30, 2025, Florida Politics reported that the Florida “[l]egislature will not pass a regulatory framework for hemp this Legislative Session.” Florida House Rep. Michelle Salzman, who led a House working group on the issue, said the legislature “will not be focused on this legislation as we wrap up the 2025 Session.”
- [Rod Kight: Oklahoma Governor Initiates Attack on Legal Hemp Products](https://journal.cannabislawreport.com/rod-kight-oklahoma-governor-initiates-attack-on-legal-hemp-products/): Oklahoma used to be a hemp-friendly state. Until recently, it was home base to several of the most well-known and respected hemp businesses in the country. That has changed recently, but not due to changes in the law, which is mostly hemp-friendly. Rather, the change has come from overzealous and under-informed politicians who either don’t understand the law or who choose to ignore it. The most recent public example is a letter from Governor Kevin Stitt to several state agencies in which he request that they, “coordinate closely with one another to strengthen enforcement and regulatory action…. to effectively combat the unlawful manufacturing, distribution, and sale of [psychoactive marijuana byproducts] across Oklahoma.” The full letter is below.
- [Rod Kight: Arizona Attorney General Cracks Down on Hemp Products](https://journal.cannabislawreport.com/rod-kight-arizona-attorney-general-cracks-down-on-hemp-products/): On March 24, 2025, the Arizona Attorney General, Kris Mays, issued an open letter to the state’s County Attorneys, Sheriffs, and Chiefs of Police stating: “On April 24, 2025, the AGO will begin enforcing civil and criminal penalties against unlicensed businesses that continue to sell any THC-infused edible products.“
- [Faegre Drinker:  Supreme Court Decides Medical Marijuana, Inc. v. Horn](https://journal.cannabislawreport.com/faegre-drinker-supreme-court-decides-medical-marijuana-inc-v-horn/): On April 2, 2025, the Supreme Court of the United States issued a decision in Medical Marijuana, Inc. v. Horn, No. 23-365, holding that the RICO civil cause of action for “[a]ny person injured in his business or property,” 18 U.S.C. § 1964(c), extends to injuries to business or property that derive from personal injuries.
- [Chartwell: Evolving Cannabis Law and Workers’ Compensation](https://journal.cannabislawreport.com/chartwell-evolving-cannabis-law-and-workers-compensation/): On March 20, 2025, the Supreme Court of Pennsylvania issued a decision that will likely have a ripple effect across workers’ compensation law. A dispute over a claimant’s reimbursement for CBD oil resulted in a ruling that “any item that is part of a health care provider’s treatment plan for a claimant’s work-related injury falls within the purview of the broad-encompassing phrase ‘medicines and supplies.’” Accordingly, under the Workers’ Compensation Act, a claimant is entitled to reimbursement for out-of-pocket expenses related to such treatments.
- [Troutman Pepper Locke: Whistleblower Lawsuit Against METRC Raises Significant Compliance and Accountability Concerns for the Legal Cannabis Industry](https://journal.cannabislawreport.com/troutman-pepper-locke-whistleblower-lawsuit-against-metrc-raises-significant-compliance-and-accountability-concerns-for-the-legal-cannabis-industry/): METRC, Inc., the predominant provider of seed-to-sale tracking software used by state regulatory bodies overseeing legal cannabis markets across the U.S., faces serious allegations detailed in a recent lawsuit filed in Oregon.
- [Bradley: Court Voids Alabama Medical Cannabis Awards: What’s Next on This Far Too Long, Too Strange Trip?](https://journal.cannabislawreport.com/bradley-court-voids-alabama-medical-cannabis-awards-whats-next-on-this-far-too-long-too-strange-trip/): “If we couldn’t laugh, we’d all go insane,” we were told by the late, ever so great Jimmy Buffett. So before I go into details about the Montgomery County Circuit Court order that threatens to derail Alabama’s medical cannabis program before the train leaves the station, I’m reminded of the scene from the wonderful Farrelly Brothers film Dumb and Dumber when an exasperated Lloyd Christmas (played seemingly effortlessly by then rising superstar Jim Carrey) exclaims, “We got no food, no jobs… our pets’ heads are falling off!”
- [Gleiss Lutz: Cannabis legalisation: What plans does Germany’s incoming government have?](https://journal.cannabislawreport.com/gleiss-lutz-cannabis-legalisation-what-plans-does-germanys-incoming-government-have/)
- [Foley Hoag: Aloha to Increased Hemp Product Oversight? Hawaii Bill Would Require Registration of all Hemp Product Distributors and Retailers Operating in the State](https://journal.cannabislawreport.com/foley-hoag-aloha-to-increased-hemp-product-oversight-hawaii-bill-would-require-registration-of-all-hemp-product-distributors-and-retailers-operating-in-the-state/): Given that Hawaii is often considered synonymous with “hang loose” counterculture, perhaps it is unsuprising that the state’s consumable hemp product market has crested in recent years as legislators continue to balk at establishing a legal adult-use cannabis market.
- [Husch Blackwell: Is Alcohol-Style Federal Regulation Coming for THC Beverages?](https://journal.cannabislawreport.com/husch-blackwell-is-alcohol-style-federal-regulation-coming-for-thc-beverages/): Unless you’ve been living under a rock, you know that “THC beverages” derived from hemp have exploded across America (at least in states where they are allowed by law). Time and again, due to the legal ambiguities and limitations posed by the 2018 Farm Bill, the THC beverage industry has advocated for regulation at both the state and federal levels. While certain states are eager to regulate this segment of the cannabis industry (see Minnesota, for example), others are not, and Congress has yet to take meaningful action on regulation.
- [Torys: Exploring A Canadian Regulatory Framework For Cannabidiol (CBD)](https://journal.cannabislawreport.com/torys-exploring-a-canadian-regulatory-framework-for-cannabidiol-cbd/): Health Canada is seeking stakeholder consultation for a proposed framework that would allow Canadians to access cannabidiol (CBD) containing health products without a prescription
- [Bianchi & Brandt: The Future of Unionization in the Cannabis Industry Grows Uncertain Under the New Administration](https://journal.cannabislawreport.com/bianchi-brandt-the-future-of-unionization-in-the-cannabis-industry-grows-uncertain-under-the-new-administration/): Labor unions have been steadily increasing their foothold in the cannabis industry for over a decade. The United Food and Commercial Workers (UFCW) led the charge with its "Cannabis Workers Rising" campaign, followed closely by the Teamsters. As a result, thousands of cannabis workers across the country, from Arizona to Maryland, have successfully unionized. Favorable state laws, such as those in New Jersey, where employers must remain neutral in union organizing efforts, have helped facilitate this growth. Additionally, in recent years, the National Labor Relations Board (NLRB) has played a key role in expanding labor rights, making it significantly easier for cannabis workers to organize.
- [Anthony Traurig - Kight Law: France and Spain to legalize medical cannabis (finally)](https://journal.cannabislawreport.com/anthony-traurig-kight-law-france-and-spain-to-legalize-medical-cannabis-finally/): After a years-long whirlwind of a medical cannabis pilot program, France has finally made its intention to legalize medical cannabis official. French authorities notified the European Union of its intention to implement a regulatory framework for medical cannabis on March 19 via the TRIS database. This process allows the European Union and any EU Member State to object to the proposal, which is not expected.
- [Rod Kight: North Carolina Hemp Bill a “Model” for Other States](https://journal.cannabislawreport.com/rod-kight-north-carolina-hemp-bill-a-model-for-other-states/): North Carolina (NC) is a leader in hemp. Over the years, the state’s hemp-friendly laws and overall pro-hemp environment have resulted in NC being the home base for many of the world’s top companies. At Kight Law Office, we regularly consult with major national and international cannabis companies that are expanding into hemp. Many of them decide to set up their hemp operations in NC, despite the fact that it has not enacted any “marijuana” reform, because it has a history of supporting the hemp industry.
- [Foley Hoag: USVI Cannabis Cultivation License Applications Go Live on Monday 3/31/2025](https://journal.cannabislawreport.com/foley-hoag-usvi-cannabis-cultivation-license-applications-go-live-on-monday-3-31-2025/): The US Virgin Islands (“USVI”) is finally inching closer to launching a dual medical and adult-use cannabis program. Earlier this week the USVI Office of Cannabis Regulation (“OCR”) announced that applications for cultivation licenses and micro-cultivation permits are set to open on Monday, March 31, 2025. OCR has not yet stated when dispensary license applications will become available. Although the official announcement from OCR noted that there would be more information to follow regarding specific instructions and information sessions for this application round, we already know a great deal about what the applications will require.
- [King Wood Mallesons: Shades of Green, Medicinal Cannabis Use No Longer Black & White In The Workplace](https://journal.cannabislawreport.com/king-wood-mallesons-shades-of-green-medicinal-cannabis-use-no-longer-black-white-in-the-workplace/): No employer in Australia can afford to ignore the prevalence of drug use (both lawful and illicit) in their community and workforce. The 2022–2023 National Drug Strategy Household Survey found that.
- [Hyman Phelps & McNamara pc: Schedule III Marijuana Would Still Be Regulated Marijuana](https://journal.cannabislawreport.com/hyman-phelps-mcnamara-pc-schedule-iii-marijuana-would-still-be-regulated-marijuana/): There exists confusion as to what rescheduling marijuana to schedule III would mean so we thought we would clear up some of the misunderstanding about schedule III requirements.
- [Harris Sliwoski: Australia Cannabis Q&A](https://journal.cannabislawreport.com/harris-sliwoski-australia-cannabis-qa/): Importation, cultivation, production, and other activities conducted for medicinal and scientific purposes are lawful under federal Australian law when the necessary licenses and permits have been obtained. Growing cannabis for personal use remains illegal in most Australian states and territories.
- [Foley Hoag: California Introduces Legislation to Curb Online Direct-to-Consumer Hemp Product Sales](https://journal.cannabislawreport.com/foley-hoag-california-introduces-legislation-to-curb-online-direct-to-consumer-hemp-product-sales-2/): Perhaps recognizing an enforcement gap in the evolving struggle to protect consumers from what Governor Newsom has characterized as a grave threat to public health and safety, the California legislature is taking steps to stem the tide of intoxicating consumable hemp products flowing into the State. Senator Scott Weiner (D-San Francisco) recently introduced SB 378, which would prevent online sales of illicit, unlicensed, non-safety-tested intoxicating hemp and cannabis products in California. In a press release accompanying the bill’s introduction, Senator Weiner invoked many of the same concerns – such as protecting children and adults alike from the risk associated with untested consumable hemp products, many of which contain dangerous synthetic substances – that sparked California’s recent emergency regulations governing intoxicating hemp products.
- [Husch Blackwell: Reflections on First Minnesota Adult Use Cannabis General Licensing Window](https://journal.cannabislawreport.com/husch-blackwell-reflections-on-first-minnesota-adult-use-cannabis-general-licensing-window/): Like many others, we were caught up in filing a slew of Minnesota adult use cannabis applications for our clients by March 14 (which, if you were paying attention, that deadline was extended to March 15 by midnight because of a crash with the Office of Cannabis Management (OCM) website). Every time a licensing window opens in a state with a new adult use cannabis program, there are lessons to be learned for clients, attorneys, and regulators, alike.
- [Harris Sliwoski: Oregon’s Hot Hemp](https://journal.cannabislawreport.com/oregons-hot-hemp/): This hemp is often sold and marketed online without age verification, in packaging attractive to minors, or at unlicensed retail stores. Most labels lack clear potency information, and the products are not traceable to test results. On the bright side, the report didn’t seem to turn up much pesticide contamination, although 4 of the 51 samples contained prohibited “artificially derived cannabinoids.” Those are semisynthetic substances like delta-8 THC or CBN derived from CBD.
- [Foley Hoag: California Introduces Legislation to Curb Online Direct-to-Consumer Hemp Product Sales](https://journal.cannabislawreport.com/foley-hoag-california-introduces-legislation-to-curb-online-direct-to-consumer-hemp-product-sales/): Perhaps recognizing an enforcement gap in the evolving struggle to protect consumers from what Governor Newsom has characterized as a grave threat to public health and safety, the California legislature is taking steps to stem the tide of intoxicating consumable hemp products flowing into the State. Senator Scott Weiner (D-San Francisco) recently introduced SB 378, which would prevent online sales of illicit, unlicensed, non-safety-tested intoxicating hemp and cannabis products in California. In a press release accompanying the bill’s introduction, Senator Weiner invoked many of the same concerns – such as protecting children and adults alike from the risk associated with untested consumable hemp products, many of which contain dangerous synthetic substances – that sparked California’s recent emergency regulations governing intoxicating hemp products.
- [Frost Brown Todd: Kentucky Bills Would Tax and Strictly Regulate Hemp-Infused THC Beverages Like Alcohol](https://journal.cannabislawreport.com/frost-brown-todd-kentucky-bills-would-tax-and-strictly-regulate-hemp-infused-thc-beverages-like-alcohol/): In the years since the 2018 Farm Bill became federal law, a burgeoning industry of hemp-infused THC beverages has proliferated throughout the country, including in Kentucky. The 2018 Farm Bill legalized the domestic production of hemp and protected hemp and hemp products in interstate commerce. Likewise, Kentucky law has—for years—broadly allowed retail sales of hemp products, including food and beverages with hemp-derived THC.
- [Seyfarth: Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent](https://journal.cannabislawreport.com/seyfarth-cultivator-not-entitled-to-use-easement-for-cannabis-purposes-absent-landowner-consent/): On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that marijuana is still illegal in California because it is illegal federally. Thus, the Court sided with a private landowner (“plaintiff”) who objected to the county issuing a conditional use permit (“CUP”) for the cultivation of cannabis on the plaintiff’s land without their consent, despite a pre-existing easement.
- [Kohrman Jackson Krantz: Ohio Senate Bill 56 Proposes Changes to Recreational Marijuana Rules](https://journal.cannabislawreport.com/kohrman-jackson-krantz-ohio-senate-bill-56-proposes-changes-to-recreational-marijuana-rules/): Just as your home (vs your entire property) in Ohio is your “castle” in terms of being able to stand your ground and defend yourself/family against an intruder, the Ohio Senate in SB 56 has recently voted to amend Ohio’s recreational marijuana statute (Ohio Revised Code Chapter 3780) such that any partaking of recreational marijuana must now be within the walls of your “castle” and not outside of them. Basically, Senate Bill 56 is said to “overhaul” the recreational marijuana program approved by voters in 2023, in many respects. Perhaps the biggest changes would affect those who own or operate (as cultivators or dispensaries) real estate.
- [Harris Sliwoski: Florida’s Cannabis and Hemp Landscape: Key Regulatory Changes to Watch](https://journal.cannabislawreport.com/harris-sliwoski-floridas-cannabis-and-hemp-landscape-key-regulatory-changes-to-watch/): Florida’s cannabis and hemp industries are undergoing significant regulatory shifts. From proposed legislation targeting hemp products to new rules affecting packaging and labeling, here’s what you need to know about the latest developments in the Sunshine State.
- [Bradley: Appellate Court Paves Way for Launch of Alabama Medical Cannabis Program: Watch What Happens Now](https://journal.cannabislawreport.com/bradley-appellate-court-paves-way-for-launch-of-alabama-medical-cannabis-program-watch-what-happens-now/): Last Friday, the Alabama Court of Civil Appeals ruled that the Montgomery County Circuit Court lacked jurisdiction to hear the complaints of Alabama Always – an applicant for a medical cannabis license that has not been awarded a license during any of the three rounds of awards – because Alabama Always (and, presumably by extension, any other disappointed applicant for an integrated facility license) had not exhausted its administrative remedies before filing suit. As a result, the Alabama Court of Civil Appeals instructed the circuit court to lift the injunction prohibiting the AMCC from issuing integrated licenses.
- [Manzuri Law: California 2025 Legislative Update March 9, 2025](https://journal.cannabislawreport.com/manzuri-law-california-2025-legislative-update-march-9-2025/): California’s current legislative session is now in full swing, bringing insight into the potential market shifts on the table for California’s cannabis, hemp, and psychedelic industries.
- [Husch Blackwell – Cannabis Debts, Collections, and Lawsuits](https://journal.cannabislawreport.com/husch-blackwell-cannabis-debts-collections-and-lawsuits/): Cannabis companies of all sizes have likely come across the issue of having to pursue badly behaved accounts receivable. What was once a time of prosperity has now turned into a business climate of pessimism and regret where the extension of terms and promises to pay have been more than abused by retailers and distributors, alike. What should cannabis companies do when their initial reach outs for payment on the sale of cannabis goods or on the backs of their distribution and sales agreements go unanswered? This post is dedicated to those steps necessary for cannabis companies to try to make good on their bad deals and collection efforts.
- [McDermott: Will It (Puff, Puff) Pass? Cannabis Reform Under the Trump Administration](https://journal.cannabislawreport.com/mcdermott-will-it-puff-puff-pass-cannabis-reform-under-the-trump-administration/): The Trump administration’s approach to cannabis reform will significantly impact the industry. As the proposed rulemaking to reschedule cannabis unfolds and nominees to critical agencies are confirmed, it is crucial for stakeholders to stay informed about these pivotal changes. This article provides an in-depth analysis of the implications of these developments.
- [Miller Starr Regalia: JCCrandall, LLC V. County Of Santa Barbara: Will A Dispute Over The Use Of An Easement Send The Concept Of Legal Cannabis Cultivation Up In Smoke](https://journal.cannabislawreport.com/miller-starr-regalia-jccrandall-llc-v-county-of-santa-barbara-will-a-dispute-over-the-use-of-an-easement-send-the-concept-of-legal-cannabis-cultivation-up-in-smoke/): Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation, distribution, sales, and other commercial cannabis activities. These businesses may enter into purchase and sale transactions or leases to obtain property on which to operate, and at different points in the supply chain, from cultivation site to storefront, they may rely on easements that were granted before California voted to legalize adult-use cannabis
- [Vicente – Rhode Island Cannabis Update: Current Market, Proposed Rules and New Business Opportunities](https://journal.cannabislawreport.com/vicente-rhode-island-cannabis-update-current-market-proposed-rules-and-new-business-opportunities/): Cannabis policy reform in Rhode Island has spanned nearly two decades, starting with the legalization of medical marijuana in 2006. Then, after years of determined advocacy and legislative debate, the Rhode Island Cannabis Act was passed in May of 2022, making Rhode Island the 19th state to legalize cannabis for adult use. This article looks at the current state of the market, regulatory enforcement trends, highlights from the proposed adult-use rules, and the anticipated cannabis business licensing opportunities on the horizon.
- [Frantz Ward LLP: Proposed Senate Bill 86 Seeks to Regulate Hemp Beverages and Intoxicating Hemp Products Differently](https://journal.cannabislawreport.com/frantz-ward-llp-proposed-senate-bill-86-seeks-to-regulate-hemp-beverages-and-intoxicating-hemp-products-differently/): 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 Wilkins (R) and Stephen A. Huffman (R) have introduced Senate Bill 86 (S.B. 86), which would ban the sale of intoxicating hemp products in gas stations and vape shops while permitting hemp beverages in certain establishments with alcohol permits.
- [Gun + Partners: Turkey: Use Of Hemp In Production Of Pharmaceuticals](https://journal.cannabislawreport.com/gun-partners-turkey-use-of-hemp-in-production-of-pharmaceuticals/): Hemp cultivation in Türkiye came to the forefront with the “Symposium on Local Governments in the Presidential Government System” held on 9 January 2019, followed by the preparation of the “Report and Action Plan on Industrial Hemp Cultivation in Türkiye”. The hemp cultivation reached a significant stage with the publication of the Law on Amendments to the Forestry Law and Certain Laws on 5 April 2025. This law encourages the production of fibre, seeds, and stems, with the permission of the Ministry of Agriculture and Forestry.
- [McInnes Wilson Australia – Report: TGA Advertising & Medical Cannabis – Enforcement Activity Top 10 Trends](https://journal.cannabislawreport.com/mcinnes-wilson-australia-report-tga-advertising-medical-cannabis-enforcement-activity-top-10-trends/): With the United in Compassion 2025 Symposium less than 24 hours away, a timely update is enclosed here on the trends we have been seeing at McInnes Wilson Lawyers from the Therapeutic Goods Administration (TGA) on the vexed issue of advertising and medical cannabis.
- [Bradley: For Whom the Bell Tolls: Alabama Proposal Would Ban All Psychoactive Hemp](https://journal.cannabislawreport.com/bradley-for-whom-the-bell-tolls-alabama-proposal-would-ban-all-psychoactive-hemp/): For the hemp industry, it appears the beatings will continue until morale improves. Following the lead of a number of other states in recent years, the Alabama Legislature is set to consider a measure that would eliminate essentially all non-industrial hemp in the state.
- [Harris Sliwoski: New Mexico’s Cannabis Legislation: Key Bills to Watch](https://journal.cannabislawreport.com/harris-sliwoski-new-mexicos-cannabis-legislation-key-bills-to-watch/): The New Mexico legislature is considering several bills that address the state’s cannabis industry. With a two-month session held only every other year, there is an opportunity for meaningful changes aimed at strengthening the industry. Among the many bills under consideration, four stand out for their potential impact– both for industry and for consumers seeking high-quality, regulated cannabis products.
- [Troutman Pepper Locke: Missouri Legislature’s Proposals to Regulate Hemp-Derived Consumable Products](https://journal.cannabislawreport.com/troutman-pepper-locke-missouri-legislatures-proposals-to-regulate-hemp-derived-consumable-products/): Last year, we wrote about the former Missouri governor’s efforts to curb the availability of intoxicating hemp products to Missouri consumers by executive order. There are now several proposed bills in the Missouri legislature that seek to regulate hemp-derived consumable products in the state, a few of which we summarize below. In general, the proposed legislation addresses issues related to youth access, licensing, taxation, advertising and marketing, testing, and labeling. This type of proposed legislation is worth monitoring in Missouri, and other states, as states take more aggressive action to prohibit or regulate the availability of such products to consumers in the absence of a coherent, federal regulatory framework.
- [Vicente LLP Federal and International Cannabis and Psychedelics Law and Policy Update: February 2025 – Highlight Story – HHC Could Potentially Be Placed in Schedule II of the UN Convention on Psychotropic Substances](https://journal.cannabislawreport.com/vicente-llp-federal-and-international-cannabis-and-psychedelics-law-and-policy-update-february-2025-highlight-story-hhc-could-potentially-be-placed-in-schedule-ii-of-the-un-conven/): 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 Administrative Law Judge John Mulrooney. 
- [Seyfarth: Taste the Rainbow of Sanctions – Cannabis Company Violates Skittles Permanent Injunction](https://journal.cannabislawreport.com/seyfarth-taste-the-rainbow-of-sanctions-cannabis-company-violates-skittles-permanent-injunction/): What happens when a party attempts to sidestep the strict guidelines of a court order?  A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire.  Wm. Wrigley Jr. Company v. Terphogz, LLC U.S. District Court for the Northern District of Illinois, Case: 1:21-cv-02357.
- [Troutman Pepper Locke: A Need for Balance – How SB25-076’s Requirements Could Hurt Licensed Cannabis Businesses in Colorado](https://journal.cannabislawreport.com/troutman-pepper-locke-a-need-for-balance-how-sb25-076s-requirements-could-hurt-licensed-cannabis-businesses-in-colorado/): On January 22, lawmakers in Colorado introduced SB25-076, (the act) which aims to address concerns surrounding the availability of intoxicating products (including regulated cannabis products) within the state, especially to children and young adults. To address these concerns, the act would impose new requirements on licensed businesses related to serving sizes and labeling requirements and would restrict sales of certain products to adults under 26 years old. While the intent behind the act is to mitigate potential risks associated with high-potency cannabis, the approach taken is arguably too extreme and places excessive burdens on the industry. A more nuanced strategy is needed to balance public health concerns with the operational realities of licensed cannabis businesses.
- [Harris Sliwoski: Australia Cannabis Laws - A Comprehensive Guide](https://journal.cannabislawreport.com/harris-sliwoski-australia-cannabis-laws-a-comprehensive-guide/): Australia’s cannabis laws are complex, with federal, state, and local regulations all playing a role in determining the legal framework. Businesses looking to enter Australia’s medicinal cannabis market must understand how these jurisdictions overlap.
- [Anthony Traurig - Rod Kight Law: Is HHC about to be scheduled under international law?](https://journal.cannabislawreport.com/anthony-traurig-rod-kight-law-is-hhc-about-to-be-scheduled-under-international-law/): The UN Commission on Narcotic Drugs (CND) is meeting in March in Vienna with one agenda item that will be of significant consequence for the global cannabinoid industry – whether to place hexahydrocannabinol (HHC) in Schedule II of the UN Convention on Psychotropic Substances. And one major voting bloc – the European Union – has already made its vote clear.
- [Rod Kight  - Driving THCa Hemp Across the Country? Here’s How to Reduce the Risk.](https://journal.cannabislawreport.com/rod-kight-driving-thca-hemp-across-the-country-heres-how-to-reduce-the-risk/): Under the 2018 Farm Bill and the US Department of Agriculture USDA rules, it is clear that a state may not prohibit the transport of hemp through its borders. That being said, law enforcement (LE) routinely stops hemp shipments. I have seen many shipments get seized and many drivers get arrested over the years despite the fact that their shipments consisted of lawful hemp and hemp products
- [Harris Sliwoski: US Supreme Court Weighs in on Vaping](https://journal.cannabislawreport.com/harris-sliwoski-us-supreme-court-weighs-in-on-vaping/): Last week, the U.S. Supreme Court heard oral argument in a pivotal case that could reshape the vaping landscape.The case stems from an FDA appeal challenging a lower court ruling that found the agency improperly rejected nicotine vape product applications. The case centers on the FDA’s refusal to approve flavored vaping products and whether it followed legal procedures.
- [Jackson Lewis:  Federal Appeals Court Holds New Jersey’s Cannabis Law Provides No Private Right of Action](https://journal.cannabislawreport.com/jackson-lewis-federal-appeals-court-holds-new-jerseys-cannabis-law-provides-no-private-right-of-action/): The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for enforcement of the provisions prohibiting discrimination against cannabis users. Erick Zanetich v. Wal-Mart Stores East, Inc. et al., Docket No. 23-1996 (3d Cir. Dec. 9, 2024).
- [Lloyd & Mousill:  What Is The USPTO Doing About Hemp-derived Delta-8 THC?](https://journal.cannabislawreport.com/lloyd-mousill-what-is-the-uspto-doing-about-hemp-derived-delta-8-thc/): Delta-8 THC is a cannabinoid found in cannabis. The natural quantities of delta-8 found in cannabis are pretty low, so to create usable amounts of it, it typically has be synthesized from hemp.
- [Arent Fox Schiff: Federal Cannabis Regulation – What to Expect in 2025](https://journal.cannabislawreport.com/arent-fox-schiff-federal-cannabis-regulation-what-to-expect-in-2025/): 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 (CSA), which was set to begin on January 21. The order postpones the rescheduling hearing for at least three months.
- [Troutman Pepper Locke: Weed-ing Through the Laws: A Snapshot of US Cannabis Legislation](https://journal.cannabislawreport.com/troutman-pepper-locke-weed-ing-through-the-laws-a-snapshot-of-us-cannabis-legislation/): Marijuana legislation is continuing to evolve in the new year across jurisdictions throughout the U.S. Below, we dive into a brief survey of notable changes to marijuana legislation across the U.S. during the first three weeks of 2025.
- [Falcon Rappaport & Berkman: NY: Hochul Signs Law to Revive Cannabis Farmers’ Markets (Growers’ Showcases) via New Event Permit](https://journal.cannabislawreport.com/falcon-rappaport-berkman-ny-hochul-signs-law-to-revive-cannabis-farmers-markets-growers-showcases-via-new-event-permit/): Heading into 2025 New York Governor Kathy Hochul signed two new cannabis related bills, one of which would bring back the previously discontinued Cannabis Growers’ Showcase program, effectively allowing adult-use cannabis farmers’ markets across New York State.
- [Bradley: Will 2025 Continue Circuit Court Harmony in Nationwide Litigation Involving State Law Hemp Legislation, or Will a Circuit Split Emerge?](https://journal.cannabislawreport.com/bradley-will-2025-continue-circuit-court-harmony-in-nationwide-litigation-involving-state-law-hemp-legislation-or-will-a-circuit-split-emerge/): You’ve probably seen the reports of the United States Fourth Circuit Court of Appeals’ January 7, 2025 opinion upholding a Virginia law that regulates consumable hemp products. I planned to put up a blog post soon after the opinion was handed down, and I will still summarize the holding here. But the delay in writing allowed me to take a step back (and another step back), and view this in proper perspective: 2025 is going to be a huge year in the state law hemp legislation vs. hemp industry Farm Bill disputes that have been simmering over the last couple of years. Let me explain how this will soon boil over.
- [Minter Ellison: Branching out: prescribing and supplying medicinal cannabis](https://journal.cannabislawreport.com/minetr-ellison-branching-out-prescribing-and-supplying-medicinal-cannabis/): Health practitioners prescribing or supplying medicinal cannabis operate in a complex and evolving regulatory landscape. We highlight key considerations here.
- [Law Offices of Omar Figueroa: California’s Provisional Cannabis License Era Comes to an End](https://journal.cannabislawreport.com/law-offices-of-omar-figueroa-californias-provisional-cannabis-license-era-comes-to-an-end/): A major regulatory deadline looms for California cannabis businesses, as January 1, 2025 is the final date when the Department of Cannabis Control (DCC) can renew provisional licenses for commercial cannabis operations statewide. There is an exception for local equity retailers’ (non-storefront and storefront), whose provisional license may be renewed until the annual license is issued/denied, or until five years from the date the provisional license was issued, whichever is earlier. Bus. & Prof. Code § 26050.5.
- [Kevin Jacoby - Harrang Long: Cannabis Consumption Events: What is and is not allowed?](https://journal.cannabislawreport.com/kevin-jacoby-harrang-long-cannabis-consumption-events-what-is-and-is-not-allowed/): With the new year upon us, Oregon’s cannabis industry is now beginning to think about 4/20 events, and the perennial question that has plagued the industry since recreational use became legalized is once again pressing: is there any circumstance where cannabis consumption is allowed at public or private events?
- [Harris Bricken:  THC Beverage Makers and Distributors: Top 5 Concerns for 2025](https://journal.cannabislawreport.com/harris-bricken-thc-beverage-makers-and-distributors-top-5-concerns-for-2025/): 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 are calling me about hemp-derived THC beverages that are cropping up for sale online and in major liquor stores across the country. Hemp-derived THC beverages are alcohol-free/non-alcoholic (“AF/NA”) drinks that are infused with delta-9 THC derived from hemp, usually along with other intoxicating cannabinoids, so that these beverages produce psychoactive effects without legally being dubbed “marijuana.”
- [Global Cannabis Spotlight: The Czech Republic’s Psychomodulatory Substances Law](https://journal.cannabislawreport.com/global-cannabis-spotlight-the-czech-republics-psychomodulatory-substances-law/): Last year, I attended an Expert Seminar in Amsterdam on Cannabis Regulation, EU Drug Law, Trade Rules, and the UN Drug Control Treaties. A central topic focused on advancing full cannabis legalization while complying with EU law and international Drug Treaties. During the discussion, Czechia presented its three-pillar approach to cannabis regulation: (1) decriminalization (in 2010, Czechia decriminalized cultivating up to five plants and possessing up to half an ounce of marijuana); (2) regulation of “psychomodulatory substances”; and (3) full commercial regulation. Like Germany, Malta, and Luxembourg, Czechia’s approach relies on scientific evidence. It shows that regulation, rather than prohibition, better protects children and society’s health, safety and welfare.
- [Harness: Navigating Complex Federal Regulations When Protecting Your Cannabis Brands](https://journal.cannabislawreport.com/harness-navigating-complex-federal-regulations-when-protecting-your-cannabis-brands/): In 2018, Congress passed the Agricultural Improvement Act, also known as the “2018 Farm Bill.” This legislation removed hemp, defined as cannabis (Cannabis sativa L.) and its derivatives containing delta-9 THC concentration levels not exceeding 0.3% on a dry weight basis, from being classified as marijuana under the Controlled Substances Act. As of October 2024, 38 states and the District of Columbia have legalized marijuana for medical use. Additionally, 24 states and the District of Columbia have legalized recreational marijuana use. As the cannabis market continues to grow, more cannabis product offerings enter the market, increasing the need for brand awareness and protection. However, because of the current federal landscape, there are numerous pitfalls that need to be avoided to successfully achieve federal protection for cannabis brands.
- [Harris Sliwoski: What to Expect for Global Cannabis Law Reform in 2025](https://journal.cannabislawreport.com/harris-sliwoski-what-to-expect-for-global-cannabis-law-reform-in-2025/): As the U.S. cannabis community awaits the resumption of the DEA’s administrative law hearing on rescheduling marijuana later this month, this blog will take a glimpse at the ever-dynamic global landscape of cannabis policy. While some countries may expand, retract, or maintain the progress seen in 2024, much attention will focus on the key developments that marked the past year. Notably, Europe saw significant movement in cannabis policy.
- [Horst Legal Counsel: In Critical Dormant Commerce Clause Case, Second Circuit May Be Poised to Split the Baby, Not Split the Circuits](https://journal.cannabislawreport.com/horst-legal-counsel-in-critical-dormant-commerce-clause-case-second-circuit-may-be-poised-to-split-the-baby-not-split-the-circuits/): On December 19, the United States Circuit Court of Appeals for the Second Circuit held oral arguments in Variscite NY Four, LLC v. New York State Cannabis Control Board, the latest front in an ongoing legal war over whether the dormant Commerce Clause (“DCC”) should apply to the state-licensed cannabis industry. With the caveat that reading the tea leaves of oral arguments is far from an exact science, it would appear that at least two members of the three-judge panel, Judges Guido Calebrese and Dennis Jacobs, may be ready to rule that the doctrine does apply. Indeed, during the arguments, Judges Calebrese and Jacobs echoed much of the reasoning from the amicus brief that I recently filed in the Ninth Circuit on behalf of the Alliance for Sensible Markets. The third member of the panel, Chief Judge Debra Ann Livingston, appeared skeptical that the DCC should apply to an industry that remains illegal under federal law.
- [AC Moon:    -Challenges of Cannabis Education - How laws affect the education of society](https://journal.cannabislawreport.com/ac-moon-challenges-of-cannabis-education-how-laws-affect-the-education-of-society/): Universities are forced to use their extensions to purchase online platforms that may or may not correctly vet information and sell them to the masses as an entry point into the still currently prohibited sector of education.
- [Gravis Law: Navigating the Complex Landscape of Cannabis Financing in Montana: Legal Frameworks, Restrictions, and Practical Solutions](https://journal.cannabislawreport.com/gravis-law-navigating-the-complex-landscape-of-cannabis-financing-in-montana-legal-frameworks-restrictions-and-practical-solutions/): In the burgeoning field of legalized cannabis, securing adequate financing stands as one of the most significant hurdles for entrepreneurs, operators, and investors. While many states now permit the regulated production and sale of cannabis, legal pathways to raise capital often remain narrower and more complex than in other industries. The interplay of state-level statutes, administrative rules, and frequently evolving regulations creates a legal environment fraught with pitfalls for the unwary. As a practitioner who has guided clients through these intricate frameworks, I have seen firsthand the challenges cannabis enterprises face in obtaining capital—and the creative strategies that have emerged to overcome them.
- [CMS: Cannabis Law And Legislation In China](https://journal.cannabislawreport.com/cms-cannabis-law-and-legislation-in-china/): The PRC Drugs Prohibition Law classifies “marijuana”—products from the plant Cannabis sativa that contain substantial amounts of tetrahydrocannabinol (THC)—as drugs and prohibits its use in any form. Additionally, the cultivation of drug-producing plants, including without limitation to cannabis, is generally illegal under PRC law. According to the PRC Criminal Law, such plants cultivated will be subject to compulsory eradication, and the offender shall be sentenced to fixed-term imprisonment, detention or control, and shall be fined.
- [Foley Hoag: OCR Provides Update on USVI Cannabis License Application Timeline and Process](https://journal.cannabislawreport.com/foley-hoag-ocr-provides-update-on-usvi-cannabis-license-application-timeline-and-process/): In the wake of a prior statement disavowing a schedule that had been widely circulated and purported to outline the Office of Cannabis Regulation’s (“OCR”) timeline for opening cannabis license applications, on December 16, 2024, the OCR convened an open forum for stakeholders to set the record straight on the OCR’s timeline and also address some unanswered questions concerning the impending cannabis license application round in the USVI.
- [Harris Sliwoski: Oregon Cannabis: State of the State (2024)](https://journal.cannabislawreport.com/harris-sliwoski-oregon-cannabis-state-of-the-state-2024/): Welcome the ninth annual “State of the State” post on Oregon cannabis. I feel like an old man. As compared to 2023, things this year were pretty mellow. That’s not to say, however, that we don’t have trends, intrigues, controversies, mysteries, etc., worth writing about. Let’s dive right in.
- [Altius Lawyers: CJEU C-793/22 Biohemp – Indoor Cannabis Cultivation: The CJEU Weighs In](https://journal.cannabislawreport.com/altius-lawyers-cjeu-c-793-22-biohemp-indoor-cannabis-cultivation-the-cjeu-weighs-in/): In Case C‑793/22, the EU Court of Justice examined a dispute between Biohemp Concept and the Romanian government over a permit to cultivate hemp indoors using hydroponic systems. Biohemp proposed this method to efficiently produce hemp with high CBD levels. The Romanian authorities denied the permit, citing concerns over the potential for elevated THC levels and challenges in monitoring cultivation. Biohemp contested the refusal, leading to an important legal assessment by the CJEU, which issued its judgment on 4 October 2024.
- [Troutman Pepper: Potential State-Centric Marijuana Policy in the 119th Congress](https://journal.cannabislawreport.com/troutman-pepper-potential-state-centric-marijuana-policy-in-the-119th-congress/): With power changing hands in Washington, D.C., what can marijuana industry members expect from the 119th Congress? Two GOP proposals from the 118th Congress may foreshadow the likely path for federal marijuana legalization. These bills — the “States Reform Act of 2023” and the “Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act” —would explicitly support states’ legal marijuana regimes, while leaving states with the ultimate decision of whether to establish such regimes.
- [Harris Sliwoski: ADR’s Vital Role in Cannabis Industry Disputes](https://journal.cannabislawreport.com/harris-sliwoski-adrs-vital-role-in-cannabis-industry-disputes/): As a mediator specializing in cannabis-related conflicts, I’ve witnessed firsthand the increasing need for Alternative Dispute Resolution (ADR) in this rapidly evolving industry. With three-quarters of Americans now living in states where recreational or medical marijuana use is legal, the landscape of potential disputes has expanded dramatically. Currently, 24 states and the District of Columbia have legalized recreational marijuana, while 14 states permit its use for medicinal purposes. Yet cannabis with more than .3 percent THC by dry weight remains illegal under federal law. This has created a complex legal environment, ripe for controversy.
- [Norton Rose Fulbright: Australia: Victorian Inquiry into workplace drug testing](https://journal.cannabislawreport.com/norton-rose-fulbright-australia-victorian-inquiry-into-workplace-drug-testing/): A Victorian parliamentary inquiry report published in August 2024 concerning workplace drug testing (the Report) contains key recommendations relating to medicinal cannabis for both the Victorian Government and WorkSafe Victoria.
- [Bradley: Goin’ Down South: How the Southeastern U.S. Became the Current Hotbed of Cannabis Activity](https://journal.cannabislawreport.com/goin-down-south-how-the-southeastern-u-s-became-the-current-hotbed-of-cannabis-activity/): Part of the reason we started a Cannabis Industry team at a Southeastern-based law firm before any Southeastern state had adopted a marijuana program was because we had a hunch that the expansion of cannabis would eventually make its way to our neck of the woods. And we guess it was just kind of a slow day around the office.
- [Vicente: Cannabis Presents Economic Opportunity for Tribal Nations](https://journal.cannabislawreport.com/vicente-cannabis-presents-economic-opportunity-for-tribal-nations/): When the Eastern Band of Cherokee launched sales of adult-use cannabis in September 2024 through a dispensary in western North Carolina, it presented a seismic shift. Unlike most other Tribal Nations that sell cannabis, the Eastern Band of Cherokee started its program without waiting for underlying state legalization.
- [Bradley: Federal Court Rules That Illegal Acts Are Legal Because They Are Illegal: Cannabis Law in a Nutshell](https://journal.cannabislawreport.com/bradley-federal-court-rules-that-illegal-acts-are-legal-because-they-are-illegal-cannabis-law-in-a-nutshell/): Another federal court in California ruled last week that the dormant Commerce Clause in the United States Constitution does not apply to federally illegal marijuana businesses.
- [Licks Attorneys: Brazilian Superior Court of Justice authorizes cultivation of industrial hemp for medical purposes and sets regulation deadline for Anvisa](https://journal.cannabislawreport.com/licks-attorneys-brazilian-superior-court-of-justice-authorizes-cultivation-of-industrial-hemp-for-medical-purposes-and-sets-regulation-deadline-for-anvisa/): On November 13, 2024, the First Panel of the Brazilian Superior Court of Justice (STJ) unanimously authorized the planting, cultivation, industrialization, and sale of industrial hemp – a variety of Cannabis sativa with a THC content below 0.3% – solely for medical and/or pharmaceutical purposes. The STJ’s primary rationale for this decision was that industrial hemp cannot be classified as a substance prohibited by Law #11,343/2006 (Brazilian Narcotics Act) given its low THC concentration, insufficient to produce the psychotropic effects capable of inducing dependency.
- [Troutman Pepper: Colorado Hemp Company Settles With AG Over Alleged Violations of Consumer Protection Law](https://journal.cannabislawreport.com/troutman-pepper-colorado-hemp-company-settles-with-ag-over-alleged-violations-of-consumer-protection-law-2/): The Colorado Attorney General’s (AG) Office recently entered into a settlement agreement with Bee’s Knees Enterprises, LLC, dba Bee’s Knees CBDs, addressing allegations of violations of the Colorado Consumer Protection Act (CCPA). The CCPA generally prohibits deceptive trade practices, including false representations or advertising, and allows for public or private enforcement and civil penalties. The settlement agreement resolves claims against Bee’s Knees without admitting liability.
- [Who Does the US Cannabis Counsel Really Represent?](https://journal.cannabislawreport.com/who-does-the-us-cannabis-counsel-really-represent/): The US Cannabis Counsel (USCC) recently rejected four applicants from the hemp industry to its Board. The applicants, Mood, Apotheca, Kight Law, and a prominent national bank, applied to the USCC’s Board in an effort to reach across the aisle, end the “Cannabis Civil War”, and work towards a regulatory pathway that bridges the current gap between the hemp and marijuana sectors. In preliminary conversations with representatives of the USCC, hemp industry applicants were told that the USCC supports a “one plant solution” to cannabis reform.
- [Take A Hit: Encouraging the Commercial Insurance Market to Underwrite Marijuana ](https://journal.cannabislawreport.com/take-a-hit-encouraging-the-commercial-insurance-market-to-underwrite-marijuana/): As of 2023, thirty-nine states/territories have legalized medical marijuana with twenty also legalizing its recreational use.  While support for the legalization of marijuana is blazing ahead, the industry’s demand for commercial insurance is rising from the ashes. According to New Dawn Risk, a globally recognized specialty insurance advisor, as recently as 2021, the commercial insurance market for marijuana was estimated to be valued at over one billion dollars. A key driver of this demand are states which require licensed marijuana operators to maintain certain levels of liability coverage. 
- [Troutman Pepper: Colorado Hemp Company Settles With AG Over Alleged Violations of Consumer Protection Law](https://journal.cannabislawreport.com/troutman-pepper-colorado-hemp-company-settles-with-ag-over-alleged-violations-of-consumer-protection-law/): The Colorado Attorney General’s (AG) Office recently entered into a settlement agreement with Bee’s Knees Enterprises, LLC, dba Bee’s Knees CBDs, addressing allegations of violations of the Colorado Consumer Protection Act (CCPA). The CCPA generally prohibits deceptive trade practices, including false representations or advertising, and allows for public or private enforcement and civil penalties. The settlement agreement resolves claims against Bee’s Knees without admitting liability.
- [Sydney Criminal Lawyers: Duopoly Killjoys Cannabis Bill, as Historic First Vote Takes Place in Federal Parliament](https://journal.cannabislawreport.com/sydney-criminal-lawyers-duopoly-killjoys-cannabis-bill-as-historic-first-vote-takes-place-in-federal-parliament/): NSW Greens Senator David Shoebridge is the first federal parliamentarian to have brought on a parliamentary vote on the question of legalising cannabis before Australian parliament, and there is a hell of a lot of people in the community that are thankful that he has done so.
- [Mandelbaum Barrett: New Jersey’s New Hemp Regulations Create More Problems Than They Solve](https://journal.cannabislawreport.com/mandelbaum-barrett-new-jerseys-new-hemp-regulations-create-more-problems-than-they-solve/): Governor Phil Murphy’s signing of Senate Bill 3235 on September 12, 2024, represents a significant shift in the regulation of intoxicating hemp products in New Jersey. The original intention of the bill was to restrict sales to those under 21 years of age.  However, lobbyists turned this simple exercise into a bill better reflecting Frankenstein’s monster.
- [Holland & Knight: Navigating Cannabis Leasing: Legal and Practical Considerations for Landlords](https://journal.cannabislawreport.com/holland-knight-navigating-cannabis-leasing-legal-and-practical-considerations-for-landlords/): The cannabis industry in the United States has experienced rapid growth, with an increasing number of states legalizing the use of marijuana for medical and recreational purposes. As of 2023, nearly half of the U.S. population lives in states where recreational cannabis use is legal and almost three-quarters of the U.S. population live in states where medical cannabis use is legal. The revenue from cannabis products is expected to surpass $39 billion in sales by the end of 2024.1 However, despite its growing legitimacy at the state level, the fear of violating federal laws – particularly the 1970 Controlled Substances Act – has made many property owners hesitant to lease to cannabis-related businesses. This legal uncertainty, coupled with tax implications, zoning restrictions and other challenges, requires landlords to approach cannabis leasing with a clear understanding of the associated risks and rewards.
- [Reed Smith: N.Y. Court Holds That The Federal Controlled Substances Act Did Not Preempt New York’s Liberal Marijuana Laws/Regulations](https://journal.cannabislawreport.com/reed-smith-n-y-court-holds-that-the-federal-controlled-substances-act-did-not-preempt-new-yorks-liberal-marijuana-laws-regulations/): Cannabis Impact Prevention Coalition, LLC v. Hochul, 2024 N.Y. Misc. LEXIS 14151 (Sept. 30, 2024),in which opponentsof New York State legalization of marijuana invoked the federal Controlled Substances Act (CSA – yeah, that abbreviation is more typically applied to something else, which makes the federalism implications even weirder) and the Food Drug and Cosmetics Act (FDCA) in an attempt to overturn state law. They lost in this to-be-published decision.
- [Husch Blackwell: Cannabis Receiverships Are (and Will Be) On the Rise](https://journal.cannabislawreport.com/husch-blackwell-cannabis-receiverships-are-and-will-be-on-the-rise/): Based on a recent article in the Green Market Report (and corresponding public filings), “$1.83 billion of . . . debt is set to come due by 2026” for a number of publicly traded multi-state cannabis operators (“MSO”s). While this public cannabis company debt is not a pretty sight, it might be the tip of the iceberg given the unknown, but likely staggering amount of debt being carried by privately held cannabis companies. However, the MSOs are a sort of canary in the coal mine for the industry, and if their massive debt carry is potentially untenable, you can safely suspect that the same is happening with privately held cannabis companies.
- [Foley Hoag: U.S. Virgin Islands Opens Adult-Use Cannabis License Application Process](https://journal.cannabislawreport.com/foley-hoag-u-s-virgin-islands-opens-adult-use-cannabis-license-application-process/): On April 17, 2024, the Virgin Islands Cannabis Advisory Board (“VICAB”) approved regulations outlining the requirements for its new adult-use cannabis program, including details regarding the competitive merit-based application process for cannabis business licenses in the U.S. Virgin Islands (“USVI”). The application windows for the various types of available licenses will open over the next several months, with Micro-Cultivator Applications now being accepted and reviewed on a rolling basis as of November 4, 2024.
- [Troutman Pepper: First Circuit Greenlights Federal Prosecution of Maine Couple in Cannabis Case](https://journal.cannabislawreport.com/troutman-pepper-first-circuit-greenlights-federal-prosecution-of-maine-couple-in-cannabis-case/): In a pivotal ruling issued on October 15, the U.S. Court of Appeals for the First Circuit affirmed the district court’s decision to deny a motion filed by Lucas and Alisa Sirois, a Maine couple accused of operating an illegal marijuana cultivation and distribution network, to end federal prosecution against them. The ruling is significant not only because of its direct impact on the Siroises but also due to its broader implications for the ongoing tension between state and federal cannabis laws. The case underscores the legal complexities at the intersection of state and federal marijuana laws and provides additional clarity on the confines of the Rohrabacher-Farr Amendment.

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