Yesterday late afternoon, Oregon cannabis wholesaler Jefferson Packing House (JPH) filed another dormant commerce clause (DCC) challenge to protectionist state cannabis laws. You can view the complaint here. I say “another” DCC challenge because JPH prosecuted DCC litigation in late 2022; and also because several DCC cannabis lawsuits have been filed in recent years, with
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
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. The First Circuit decision means the
Ability to source marijuana genetic material from outside Colorado Senate Bill 23-271, which went into effect in early 2024, aims to enhance Colorado’s marijuana industry. A key provision allows licensed marijuana cultivators to source “genetic material” from approved entities in other jurisdictions. Genetic material is defined as material used to propagate cannabis plants, including: Immature
Yesterday, some big news dropped that the cannabis industry has anticipated since last summer. I take issue with some of the headlines, so here’s mine: “DEA Reportedly Agrees to Initiate Proposed Rulemaking to Reschedule Marijuana…”. Clearly, I’m a lawyer and not a reporter, but the “Reportedly” and “Initiate Proposed Rulemaking” are key considerations here at
As states slowly but inevitably continue to legalize cannabis medically or recreationally, we often need to be reminded that cannabis is still illegal on the federal level. Due to this widespread, ineffective prohibition, the cannabis industry and its many operators must follow a very extensive and strict set of parameters to ensure that they remain
Two of our international cannabis lawyers, Vince Sliwoski (business) and Adams Lee (international trade), recently joined the Simply Trade podcast for a lively discussion on the international cannabis trade. You can hear that free-ranging, informative conversation at either of the following links: Apple Podcasts Spotify As explained in the Simply Trade show notes: This episode
We recently kicked off our series of posts grading the presidential candidates on their cannabis stances (check out the first post, on Joe Biden). Today we turn to Florida Governor Ron DeSantis, who as of January 8 was a distant second in the race for the nomination to frontrunner Donald Trump. But with Trump facing
2024 is going to be a crazy year for cannabis businesses and investors. Among many other things, there will be a general election, possible rescheduling to Schedule III of the Controlled Substances Act (CSA), an upcoming Farm Bill that could re-tool how hemp and hemp products are regulated, and maybe even some federal cannabis legislation.
We are helping build out another cannabis banking program here in Oregon. My law firm has done a series of these for credit unions (“CU”s) and other financial institutions (“FIs”) going back to 2014. We have also handled a good bit of hemp banking work– mostly in 2019 and 2020 before that industry cratered. In
