1,101 posts by 291 firms and lawyers
Cannabis law explained by the lawyers who practise it: analysis and commentary from law firms around the world, with the Cannabis Law Journal.
Despite the rapid expansion of state-legal cannabis markets, the constitutional limits on how states may regulate those markets remain unsettled. One of the most significant unresolved questions is whether the Dormant Commerce…
C. ” The announcement was made during an Oval Office meeting with Health and Human Services Secretary Kennedy, senior administration officials, doctors and veterans who advocate for increased access to medical cannabis.
S. Supreme Court denied certiorari in Canna Provisions, Inc. et al. v. Bondi, a high-profile lawsuit that challenged the constitutionality of the federal prohibition of intrastate (and not interstate) cannabis activity.
Federal cannabis policy has always been a mess. When I say “always”, I’m looking back 90 years or so, beginning with the Marihuana Tax Act of 1937, then skipping ahead to the Controlled Substances Act, the Rohrbacher-Farr…
What is the dormant commerce clause, and how does it relate to state cannabis programs? What have courts done with DCC cannabis lawsuits to date? What’s different about the JPH case in Oregon? What happened to the first JPH case,…
S. Court of Appeals for the Second Circuit ruled that New York’s adult-use cannabis licensing scheme, which gives “Extra Priority” to applicants (or certain relatives) with New York State marijuana convictions, is…
A federal appellate court has ruled that a New York cannabis licensing rule favoring in-state residents is unconstitutional, because it discriminates against applicants residing out-of-state. We have been tracking this case for…
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,…
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…
by: Bianca M. Rodriguez, Keahn N. Morris, John S. Bolesta, James R. Hays of Sheppard, Mullin, Richter & Hampton LLP – Labor & Employment Law Blog
S. Department of Health and Human Services (HHS) to reschedule cannabis to Schedule III, a multidisciplinary group of attorneys from Foley Hoag’s nationwide Cannabis practice provides the following outlook and analysis of what’s…
When many states, including New York, legalized marijuana, they established residency requirements to ensure state residents receive the financial benefits of legalization in their own state and to curtail outside entities from…
Oh Daddy! It’s not “Rumours” or one of your “Dreams” – although it may be “Second Hand News” to our most knowledgeable readers: A federal court in Washington recently upheld the state’s cannabis residency requirement for…
Harris Beach PLLC On December 29, 2022, over 18 months after cannabis became legal to sell in New York State, the first retail dispensary is scheduled to open. This begs the question – should it have taken this long?
Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana[1] to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug.
Certain states where cannabis (or marijuana) is legal have long been getting away with a practice that has been declared unconstitutional in almost all other contexts: giving their residents preferential treatment over…
A split First Circuit panel affirmed yesterday that the US Constitution’s dormant commerce clause applies to the federally illegal medical marijuana industry and that a Maine law mandating local ownership of cannabis businesses…
Delta-8-tetrahydrocannabinol (Δ8-THC) is legal under federal law. Or is it? It depends on who you ask. The Ninth Circuit has now weighed in on the issue, following the lead of several states, to conclude that Δ8-THC products are…
The Ninth Circuit found that Delta-8 THC products are federally legal under the plain meaning of the definition of “hemp” set by the 2018 Farm Bill, making it the first Circuit to find such products lawful.