intoxicating hemp
Canna Law Blog

Intoxicating Hemp Product Laws are More Complicated Than They Seem

When Congress passed the 2018 Farm Bill, did it intend to legalize intoxicating hemp products? If it did, why didn’t it just legalize marijuana? And why didn’t it address the manufacture or sale of intoxicating hemp products? I think the answer to all of these questions is clearly “no.” Congress did not intend to open

cannabis rescheduling and trademarks
Canna Law Blog

Cannabis Rescheduling and Trademarks

Cannabis rescheduling appears to be a matter of time and my colleagues have written about the possible implications (see here, here, and here). Rescheduling to a less restrictive category will also have implications for trademarking by cannabis brands. By broadening the legality of cannabis goods and services, rescheduling will also make more canna trademarks eligible

safe banking
Canna Law Blog

How Important is the SAFE Banking Act, Anyway?

I’m pretty sure that more ink has been spilled on the Secure and Fair Enforcement Act (“SAFE Banking”), than any other proposed cannabis law. It just won’t pass and it just won’t die. Specifically, SAFE Banking was introduced in 2017 and it passed the House seven times (seven times!) with bipartisan support since 2019. The

cannabis investment
Canna Law Blog

What Rescheduling Means for Cannabis Investments

Last week, the Department of Health and Human Services (HHS) recommended rescheduling cannabis from schedule I to III under the Controlled Substances Act (CSA). My colleagues already covered various implications of the proposed cannabis rescheduling (see here and here). Today, I want to talk about one of the most important consequences of the announcement other than

schedule III
Canna Law Blog

Marijuana as Schedule III: Woe is Me?

Unless you’ve been living under a rock, you know that a pretty historic announcement was made last week by the U.S. Department of Health and Human Services (HHS). HHS officially recommended that marijuana be rescheduled from Schedule I to Schedule III of the federal Controlled Substances Act (CSA). The HHS news means that the country’s top

marijuana rescheduling
Canna Law Blog

Three Myths and Three Facts on the HUGE Marijuana Rescheduling Recommendation

Huge news yesterday. Huge! The U.S. Department of Health and Human Services (HHS) has officially recommended that marijuana be rescheduled, from Schedule I to Schedule III of the federal Controlled Substances Act (CSA). This means that the country’s top health agency has finally conceded that cannabis has medical value, and isn’t a drug of abuse

vetoes
Canna Law Blog

Oregon Governor Vetoes Marijuana State Bank Bill

Oregon’s governor recently vetoed an effort to create a state bank for marijuana businesses, in another blow to the struggling industry. The lack of consistent, equitable access to banking has been recurring issue for Oregon marijuana businesses and those in other states. Federal reform through the Secure and Fair Enforcement Banking Act (SAFE Act) has

cbd
Canna Law Blog

Congress Wants to Hear from You on CBD by August 18th

Today’s public service announcement is that Congress wants to hear from you on a regulatory fix for cannabidiol (CBD) and other hemp-derived cannabinoid products. The request came down via the Energy and Commerce Committee on July 27, when it published a Request for Information (RFI) to “interested parties” on the topic. The deadline for RFI

delta 8
Canna Law Blog

FDA and FTC Target Delta-8 Products

On July 5, 2023, the FDA and FTC jointly announced six cease and desist letters to alleged delta-8 product makers. You can access the letters here. Unlike prior rounds of warning letters, these letters have a new focus: harm to children. For nearly five years, the FDA and FTC have taken the position that CBD

cannabis investment
Canna Law Blog

Cannabis Investment and the NBA

In case you missed it, professional players on teams in the National Basketball Association are getting a free and clear opportunity to take advantage of the cannabis industry through cannabis investments. As a former D-1 college athlete, I’m glad to see the NBA not only remove cannabis from its list of banned substances but also