marijuana rescheduling

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

gun control

Yet Another Court Strikes Cannabis Gun Control Law

The Fifth Circuit Court of Appeals is the most recent court to find that federal cannabis gun control legislation is unconstitutional. The case, United States v. Daniels, was published on August 9, 2023. The court joins a growing list of courts which have all found these restrictions unconstitutional. Federal law prohibits cannabis users from buying

federal cannabis

Predictions for Future Federal Cannabis Laws

Most Americans favor federal cannabis legalization. Nearly all Americans support medical cannabis legalization. This is not a new development. It has been that way for years. And it is a rare non-partisan issue. Over the past few years while support has been its highest, well, ever, a series of federal election cycles have come and

gun rights

Arkansas Passed a Cannabis Gun Rights Law. It Won’t Work.

Last week, Marijuana Moment reported on a new Arkansas law that would protect medical cannabis users’ gun rights. This law is the most recent in a series of attempts by states to get around federal gun control laws that prohibit cannabis users from owning or buying guns. It won’t work. I’ve written extensively on the

cbd

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

kratom

Cannabinoid Folks, Pay Attention to Kratom

It seems as if there is a new cannabinoid product coming out every five minutes. Scratch that – it seems like there is a new cannabinoid coming out every five minutes. After CBD, it was CBG and CBN, then the deltas, and then, well, it’s hard to keep track. Today, every time I research these new

registering your trademarks

Registering Your Trademarks: A How-To Guide

Registering your trademarks is a critical step for protecting your brand – but it’s definitely not easy to figure out without experience. Trademarks are unique identifiers, most often company or product names or logos, but slogans, hashtags, and even 3D shapes, sounds and scents can also constitute trademarks, if used in connection with specific products

hemp

What Happened to Hemp?

Last week, a LinkedIn post by cannabis economist Beau Whitney caught my eye, because Beau said something pretty amazing. He said: “licensed acres in hemp are at pre-farm bill levels.” Could that be true? Before the 2018 Farm Bill, only a few states ran limited “research” pilot programs for hemp. I did my best to

cannabis advertising

Be Very Skeptical of Cannabis Advertising

The level of straight-up false information in cannabis advertising online is staggering. It’s almost too hard to describe. As a cannabis attorney, I’m often stunned that companies push cannabis advertisements the way they do. Over the years, I’ve spoken to dozens (maybe hundreds) of cannabis business owners who thought X was completely legal because of

cannabis tax

Cannabis Taxation is Theft

Whether you’re the kind of person who wants to End the Fed, or the kind of person who wants to tax the rich like a Scandinavian nation, you’ll probably agree on one thing: cannabis taxation is a problem. And it’s not just a small one. It’s theft. If I (or basically anyone else) had to