Showing results for federal enforcement
Yesterday afternoon, the Washington Post and other sources reported that President Trump is expected to issue an executive order directing federal agencies to reclassify marijuana, to Schedule III. That’s some sexy reportage, although WaPo’s sources cautioned that “Trump could still change his mind” and “[a] White House official said no final decisions have been made
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
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
Over the years, I’ve heard many variations on a certain comment I’d like to address. The comment is: “I thought of calling you for the project, but it wasn’t a cannabis matter.” It’s a real gut shot, hearing those innocent words. I fully understand why someone would think they need a non-cannabis attorney to handle
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
The creative defense that failed A trademark infringement defendant argued it couldn’t be sued in federal court because its cannabis business was engaged in illegal activity under federal law. This seemingly clever strategy fell flat in Colorado federal court, representing the latest decision in a growing trend of federal judges retaining cannabis-related litigation despite the
Register here The widening cannabis policy gap Despite the United States’ draconian federal policies towards marijuana—which more closely resemble prohibitionist countries like Russia, rather than our Canadian or German allies—the world is embracing cannabis reform at an unprecedented pace. As American entrepreneurs wrestle with complex state-federal conflicts, 280E tax burdens, and banking restrictions, international markets
