Last month, I gave my big-picture thoughts on the intoxicating hemp products ban under P.L. 119-37, concluding that enforcement was an open question. That question has started to pick up steam, particularly following a Congressional Research Service report published on December 3rd. The CRS report provides: …it remains unclear if and how federal law enforcement
Federal cannabis policy has always been a mess. When I say “always”, I’m looking back 90 years or so, beginning with the Marihuana Tax Act of 1937, then skipping ahead to the Controlled Substances Act, the Rohrbacher-Farr Amendment, the 2014 Farm Bill, and the 2018 Farm Bill—not to mention the various awkward and occasionally incoherent
The hemp industry faces its biggest shake-up since 2018 Effective November 13, 2025, Congress fundamentally rewrote the laws governing hemp in America. Buried within the government funding bill (starting at pg. 64) is language that will reshape the entire hemp industry, including a critical shift in how marijuana seeds are treated under federal law. See
The U.S. government reopened on Wednesday and promptly “closed the loophole” on intoxicating hemp products. I use those tacky quotes because I don’t believe there ever was a loophole. But now we can stop having those debates, I suppose, because Congress has sealed the deal. The ban on intoxicating hemp items comes via a continuing
The lower-potency hemp edible licensing window is open, through October 31st Last month, I gave a big picture status update on cannabis licensing in Minnesota, highlighting the application window for lower-potency hemp edible (LPHE) licensing. LPHE products are a very hot market in Minnesota, and have been for a while. The LPHE application window opened
Effective August 1, 2025, the New Mexico Environmental Department (NMED) issued emergency amendments to New Mexico’s Hemp extraction, production, transportation, warehousing, and testing administrative code. These amendments were created to address concerns with the production and use of synthetic hemp cannabinoids found in finished products. The primary goal of NMED appears to be the protection
Cannabis intellectual property (IP) licensing deals can be complicated, presenting unique issues. Many companies expect the biggest hurdle to be state cannabis law compliance. Although this is certainly a major concern, it’s important to start with the brand licensing fundamentals by analyzing the validity and strength of the IP itself. With any licensing deal, the
In the never-ending loop of federal marijuana reform debates, one crucial fact keeps getting overlooked: the Attorney General (AG) has the power to reschedule marijuana. Right now. No act of Congress. No HHS review. No rulemaking marathon. Just a signature. Under 21 U.S.C. § 811(d)(1), the AG can unilaterally reschedule marijuana to better align U.S.
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 June 2023, Colorado Governor Jared Polis signed SB 23-271 (codified in C.R.S. 25-5-427 and regulated by 6 CCR 1010-24), a landmark bill regulating intoxicating hemp products in the state. This legislation followed recommendations from the Intoxicating Hemp Task Force, which was established a year earlier under SB 22-205. At a time when many states
