Most commentary on the “hemp ban” included in the November funding bill has focused on two, related considerations: (1) which products and activities will become unlawful on November 12, 2026, and (2) whether Congress will materially amend, or delay, the ban before then. While that focus is understandable, it overlooks a critical, and more immediate,
Cannabis law continues to live in constitutional limbo. States like Washington and California have built robust, tightly regulated cannabis markets, while federal law still treats marijuana as contraband. That tension has now collided head‑on with one of the Constitution’s most powerful doctrines: the Dormant Commerce Clause. Just recently, in January 2026, the Ninth Circuit weighed
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
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
A federal appellate court has ruled that a New York cannabis licensing rule favoring in-state residents is unconstitutional, because it discriminates against applicants residing out-of-state. We have been tracking this case for the past couple of years — see our prior posts here and here. This decision by the Second Circuit Court of Appeals is
If the cannabis industry wants to truly normalize cannabis use in American culture, it’s time to start shaping public perception through entertainment, not just policy. For decades, alcohol and tobacco didn’t just grow their markets through lobbying; they embedded their products into the cultural fabric through Hollywood. From James Bond’s vodka martinis to Marlboro’s cowboy
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
One of the most fundamental questions facing any entrepreneur – whether in the cannabis industry or elsewhere – is: “What type of business entity should I choose?” This is a deceptively complex question, although we’ll try to make it seem simple here. When you ask your lawyer or accountant, their first response will likely be
For many cannabis brands, licensing their trademarks can be a savvy business move (for more information on cannabis trademarks generally, check out our webinar, Trademarking Cannabis: Cutting Through the Legal Haze). But it also comes with its own set of challenges. Unlike in most industries, cannabis operates in a complicated legal gray zone — which
The Ninth Circuit Court of Appeal has reinstated a civil rights lawsuit against Humboldt County, California, that challenges the county’s practices in imposing punitive daily fines. It is the first time a federal appellate court has weighed in on local government’s enforcement of code violations involving cannabis farms. The Court of Appeal decision The decision,
