gun rights

Feds May Restrict Cannabis Users’ Gun Rights Even After Changes in Law

Federal law prohibits cannabis users from owning or possessing firearms. There are a host of federal court cases that may find these prohibitions an unconstitutional violation of cannabis users’ gun rights. But even if courts find these laws unconstitutional, many cannabis users could still face other federal government hurdles and restrictions. If you are not

thca

So Long for THCA Products

Ever since Congress passed the Agricultural Improvements Act of 2018 (or 2018 Farm Bill), people have tried to find creative ways to sell intoxicating hemp-derived products. One example of this is THCA products, such as THCA flower, which contain very high levels of THCA. But is THCA legal? Today, I want to examine legality of

gun rights

ATF Clings to Cannabis Gun Rights Restrictions

Cannabis users cannot own or possess firearms under federal law. This is true even in states where cannabis is legal, and even for medical patients. These gun rights are very likely going to be held unconstitutional. But the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is clinging to them nevertheless. I’ve written pretty extensively

DOT drug testing policy

U.S. Department of Transportation Updates Its Drug Testing Policy

The U.S. Department of Transportation (DOT) has finalized a rule to amend its drug testing policy in a way that could have significant implications for truckers, commercial drivers, pilots and other federally regulated transit workers who use marijuana off the job. In a notice last Tuesday, the department said that it has completed the rulemaking

unsubstantiated claims

CBD Companies Beware: FTC Threatens Civil Penalties for Unsubstantiated Claims

FTC Warning letters Marketing CBD products is a challenge. For years we’ve written about risks associated with making health-related claims in marketing. But there’s another avenue that the federal government doesn’t like: unsubstantiated claims. Last week, the Federal Trade Commission (FTC) decided to ratchet up enforcement and sent out warning letters to nearly 700 companies

cannabis gun rights

Yet Another Federal Court Decision on Cannabis Gun Rights

Yet another federal court in yet another federal appellate circuit just held that federal cannabis gun rights restrictions are unlawful. Let’s look at why that is, and why this is going to keep happening in federal courts across the country. The cannabis gun rights cases The federal Gun Control Act of 1968 strips all gun

cannabis gun control

State Cannabis Gun Right Laws Won’t Work

In the past few weeks, I’ve published a few posts (here and here) about recent federal cannabis gun rights cases. In those cases, the courts disagreed on whether the federal government can prohibit cannabis users from owning guns. On the other end of the spectrum, there are state-level efforts to protect gun rights for cannabis

gun control marijuana

A Cannabis Gun Control Circuit Split is Coming

Federal law prohibits marijuana users from owning or possessing firearms– even in states with legal marijuana. Over the last few months, different federal courts issued critical orders in cannabis gun rights cases which could challenge this status quo. Both cases centered on the 2022 U.S. Supreme Court case New York State Rifle & Pistol Association,

SAFE Banking Act

Breaking Down the Safe Banking Act: Why It Matters for Cannabis Businesses, Financial Institutions and Consumers

The Safe Banking Act, also known as the Secure and Fair Enforcement Banking Act (SAFE Banking Act), is sorely needed legislation to address the critical issue of financial services being denied to marijuana businesses that operate in the state-legalized industries. We’ve written extensively about the SAFE Banking Act over the past several years. See here,

cannabis industry

What Biden’s Tax Plan Would Mean for the Cannabis Industry

President Joe Biden just dropped the federal budget for 2024. The White House boldly claims that the tax plan will reduce the deficit by $3 trillion over the next 10 years. But several parts of the budget’s tax reforms are likely to significantly (and adversely) impact the cannabis industry. Today, I’ll analyze a few key

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