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
State Law Developments
O-H-N-O: Big Trouble in Little Columbus?
On November 7, 2023, Ohio approved an adult-use marijuana measure that allows individuals age 21 and older to grow marijuana and possess up to 2.5 ounces of marijuana in non-extract form and 15 grams of marijuana extract. A few days ago, the Ohio State House of Representatives recently chose Matt Huffman to be its next…
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
Not My Problem: Connecticut Federal Court Rules Hemp Lawsuit Is a State Issue
I adore the film (and, as always, I stress the word “film”) Trading Places. It has it all: Eddie Murphy hitting his prime, a wonderfully smug Dan Akroyd, Jamie Lee Curtis doing her thing, and it’s all wrapped up in a caper-turned morality tale about the orange juice futures market. There are so many…
Arizona Court Says Preschool Isn’t School, Showing That Sometimes There Isn’t a “Right” Decision
Legend has it that Alice Cooper originally titled his hit “Preschool’s Out Forever.” I made that up, but it occurred to me when I read a headline from Law360 that read “Under Pot Law, Preschool Isn’t ‘School,’ Ariz. Court Rules.”
This is one of those decisions that makes you wonder how we ended up in…
Michigan Court Prohibits Sale of Illegal Marijuana in a Ruling Straight Out of “Duh” Magazine
Believe it or not, I actually spend a lot of time deciding whether something is worth taking the time to write about. Cannabis news is developing as rapidly as any area of the law, and there are only so many hours in a day. I’ll admit up front that this was a close call.
There…
Texas Senate Committee Mulls Future of THC-Infused Beverages
Last week, the Texas Senate Committee on State Affairs held a hearing to discuss how the Lonestar State might soon regulate THC-infused beverages. Led by committee chair Sen. Bryan Hughes, the hearing heard from members of Texas agencies and representatives of companies in the hemp industry, all discussing the need for reasonable regulations, as well…
South Carolina Clears Path for Hemp Beverages
It’s hard to be surprised when you’ve been writing and talking about government decisions about the cannabis industry over the past decade. But I’ll admit that my eyebrows raised when I read a recent letter from the solicitor general of South Carolina stating that, as a general rule, hemp beverages containing less than .3% delta-9…
Missouri Cannabis Regulators Show Me a Well-Considered Clarification of Earlier Rule Essentially Banning Hemp Products
I can only assume that being a cannabis regulator is a challenging and usually thankless job. The laws are relatively new and constantly evolving. Operators are always pushing the science faster than regulators can promulgate thoughtful new rules. And of course, there is no shortage of bad actors in the cannabis business.
That said, Budding…