It’s the first week of January, and you all know what that means in the blogging game: It’s time to make wild predictions about the coming year. As always, making predictions is hard, particularly when they’re about the future. But here are a few of our thoughts about what the cannabis world may look
Federal Law Developments
High Stakes and Political Blazes: Top 10 Cannabis Trends of 2024
2024 was a banner year for cannabis lawmakers and business operators. From Kamala Harris advocating for marijuana reforms to California’s clash of titans between hemp and marijuana markets, there was no shortage of drama in the cannabis industry. Vice President Harris vocally championed marijuana legalization on various platforms, emphasizing its importance for social justice. Meanwhile…
Federal Court Rules That Illegal Acts Are Legal Because They Are Illegal: Cannabis Law in a Nutshell
I would love to hear from our award-winning readers if they are aware of a scenario when doing something illegal is legal because it’s illegal.
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.
In dismissing the action…
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 the United States Constitution would potentially face unsurmountable legal hurdles:
…While courts use the same analysis under either federal or state law, any
Gaetz Out as Possible Attorney General, Pam Bondi New Nominee: A Discussion Still Limited to Cannabis Implications
Well, our Matt Gaetz post was short lived. And, in hindsight, that should come as no surprise given the overwhelming opposition and allegations that continued to emerge. If you are a frequent reader of Budding Trends, however, you know we try to stay on top of the unending news cycle that is the cannabis…
Matt Gaetz Nominated as Attorney General: A Discussion Limited to Cannabis Implications
Over the last week, I have had water cooler-type conversations about President-elect Trump’s nominations to his would-be cabinet. Most of them have been policy-based and levelheaded. The nomination of Matt Gaetz as attorney general had people running into my office asking if I had heard the news.
This is probably a good time to reiterate…
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 latest example, the federal First Circuit Court of Appeals has…
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 that a much-anticipated public hearing on the proposal to reschedule marijuana would be moved from early December until the first quarter of 2025. I’m not sure I specifically predicted this, but it’s just about the most predictable thing ever.
Meet the New Boss, Same as the Old Boss? The Impact of a Second Trump Presidency on American Cannabis Policy
The title of this post comes, of course, from The Who’s classic track “Won’t Get Fooled Again.” This post analyzes whether there is cause for worry on the part of cannabis operators – both marijuana and hemp – under a second Trump presidency. So, I guess the first question is whether cannabis operators got fooled…
Update: Federal Government Tells You to Believe What It Says, Not What It Does, in Case That Could Invalidate Federal Marijuana Prohibition
As you read along here, try this mantra: Trust your eyes. Don’t allow yourself to be gaslit.
You may recall from our previous post that we think the United States Supreme Court could overrule the marijuana provisions of the federal Controlled Substances Act if it was presented with the right case. That case is now…