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
FinCEN drops new marijuana-related business banking data The Financial Crimes Enforcement Network (FinCEN) is a bureau in the U.S. Department of Treasury. Last week, it published updated Marijuana Related Business (MRB) Metrics. The metrics are current through December 2024. The update was a little surprising, in the sense that FinCEN seemed to abandon its regular
Last week, President Trump told reporters that his administration was considering rescheduling marijuana, and would make a determination over “the next few weeks.” It was good to hear an update on the issue, because things had stalled out since Trump took office in January. The cannabis industry is accustomed to operating in limbo, of course;
With so much discussion around the potential rescheduling of marijuana to Schedule III under the Controlled Substances Act (CSA), we must have an honest conversation about what such a move will—and more importantly, won’t—accomplish. Let me be clear: marijuana absolutely needs to be removed from Schedule I. In fact, it should not be scheduled at
It’s common for companies in all industries to use social media “influencers” to promote their goods and services online. Influencer advertising in the cannabis industry is a particularly risky idea, because paid advertisers need to comply with all cannabis marketing and advertising rules. These rules are beasts of the applicable state regulations on cannabis products
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
After attending the International Cannabis Business Conference (ICBC) in Berlin at the end of April, I was reminded, yet again, of how draconian U.S. marijuana laws truly are. The excitement throughout the event was palpable. Much of it was driven by Germany’s newly formed government keeping its quasi-legalization policy intact, even if adult-use trials remain
As economists overwhelmingly question the Trump Administration’s tariff policy, one has to wonder if there is a deeper strategy behind his seemingly chaotic moves? While President Trump’s recent push for sweeping tariffs and saber-rattling on global trade might look like bluster or protectionism on the surface, there’s a theory that it’s something far more calculated—a
REGISTER HERE The cannabis industry is expanding nationwide, but securing trademark protection remains a complex challenge due to federal restrictions and evolving state laws. If you’re a cannabis business owner, lawyer, or entrepreneur looking to protect your brand, you won’t want to miss our upcoming webinar on cannabis and trademarks. What You’ll Learn Our expert
