President Biden’s recent announcement of a pardon for federal cannabis offenses has caught the attention of observers abroad. In fact, I was quoted in an article by Brazilian journalist Anita Krepp on the subject. Unfortunately, the example being set by Biden for other countries is, in part, a bad one. To be clear, we are
The Oregon Liquor and Cannabis Commission (OLCC) regularly engages in new rulemaking and this year is no different. The OLCC has a proposed a slate of rule changes it deigns as responsive to implement 2022 legislation and technical updates. But this round of rulemaking has numerous substantial revisions to the rules that are not required
Last week, I wrote a piece entitled “Deschedule Cannabis, Don’t Reschedule It.” The post came on the heels of President Joe Biden’s announcement that the federal government is considering the federal scheduling of cannabis. As I noted, rescheduling cannabis to schedule II or below is a bad idea, because it would subject cannabis to DEA
The U.S. Court of International Trade (“CIT”) issued a recent opinion that indicates the import or export of “drug paraphernalia” to or from states where cannabis is legal represents an exception to the federal ban imposed by the Controlled Substances Act (“CSA”). Under 21 U.S.C. § 863(d), “drug paraphernalia” is broadly defined as: any equipment,
On September 29, I spoke on an opening panel at the 7th annual Cannabis Law Conference for the Cannabis Law Section of the State Bar of Michigan. My co-panelist was the renowned Brookings political scientist John Hudak. One of John’s specialty areas is state and federal marijuana policy. The title of our panel was “Update
The Washington State Liquor and Cannabis Board (LCB) voted and approved the Social Equity in Cannabis rule proposal yesterday morning, October 11. The Board’s approval will add section “570” to Washington Annotated Code Chapter 314-55. There was hope that the public comment period would yield some meaningful alterations to section 570, but the rule remains
I have a bunch of thoughts actually, none of them so flattering. I’m going to break them down by category. The pardons themselves don’t do much President Biden pardoned 6,500 people previously convicted of “simple possession” of marijuana under federal law. The pardons don’t release anyone from prison, as no one was in federal prison
On October 6, 2022, President Joe Biden announced a retroactive pardon for simple possession of marijuana. He also announced that the federal government will review marijuana’s federal scheduling. His announcement suggests that the federal government may reschedule cannabis or even deschedule cannabis. Rescheduling cannabis is a bad idea, as I explain below. If the government
The Oregon marijuana industry is hurting, much like industry in California and other states. Among the many reasons (overproduction, market saturation) is that federal marijuana laws have not been reformed at all. For years marijuana entrepreneurs and their cheerleaders have repeated the refrain that federal reform of marijuana laws is just around the corner. These
The notion of ornamental trademark use is foreign to many cannabis businesses. This is unfortunate, because it’s an important issue to understand in the cannabis industry, where the only federal trademark protection we can obtain is for ancillary goods and services. (See here for the limitations of federal trademark protection in the cannabis industry.) The issue of
