The federal Gun Control Act of 1968 deems cannabis users “prohibited persons” who cannot legally own or possess firearms. In the past, numerous petitioners failed to overturn convictions under this law. That is now changing. In a recent case known as United States v. Harrison, a federal court ruled that cannabis use alone does not
It’s no secret that state cannabis markets across the nation are suffering badly. Because of I.R.C. 280E, lack of access to financial institutions, massive operational expenses, plunging prices, and just gluts of production, it’s not pretty out there. However, there’s a newish light at the end of the tunnel, at least for California and other
Since the passage of the 2018 Farm Bill, the hemp CBD industry has been eagerly awaiting FDA CBD regulations. In that time, FDA convened a working group to study how the agency would regulate CBD foods and dietary supplements. As of January 26, 2023, the FDA concluded that it will NOT regulate CBD foods or
Happy MLK Day! Time to catastrophize just a bit. Last year at this time, I kicked off this post by writing: If Martin Luther King Jr. were alive today, he would almost certainly advocate to end the War on Drugs. Dr. King never spoke publicly about drugs or cannabis in particular: he was assassinated in
Will we see tax reform in 2023 for cannabis sellers? Specifically, will Congress finally get something done about the pain inflicted on industry by the Internal Revenue Code at 26 USC § 280E? (“IRC 28oE”.) It feels like a long shot, but you never know. After many attempts to get the SAFE Banking Act through
There has been so much talk from the Food and Drug Administration (“FDA”) around cannabidiol (“CBD”) regulations that it makes one’s head spin. For years everyone has wondered when, or even if, the FDA would propose and adopt CBD regulations. To date, while taking input from the public on the topic, the FDA mostly has
Lawful use in commerce is a requirement for a trademark to be registered in the United States. For cannabis brands, this means that the United States Patent and Trademark Office (USPTO) will not register trademarks used in connection with products that are illegal under federal law, most notably marijuana. However, USPTO’s problematic approach to lawful
Cosmetics are something of a bright spot when it comes to federal cannabis regulation. Unfortunately, however, there is quite a bit of misunderstanding when it comes to the federal legal framework for cannabis cosmetics. Following up on question that was asked during a recent webinar, here are the basics of which cannabis brands should be
As we blogged about last week, the SAFE Banking Act is trying to claw its way back from the dead during this lame duck session of Congress. Interestingly, on December 2, Punchbowl News reported that the Department of Justice (DOJ) issued a memo outlining its “issues” with the SAFE Banking Act. Here’s the memo (“Memo”).
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
