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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
Minnesota is the latest state to develop a secondary market for cannabis license sales. I’d call the Minnesota market “robust”, except that the Office of Cannabis Management (OCM) hasn’t issued all that many licenses in the first place. Still, one source recently estimated “at least 80” licenses recently posted for sale. It’s a real thing.
We continue to represent myriad buyers and sellers of OLCC marijuana licenses. At any given time, we are running 10-12 of these transactions, and sometimes more, as we have for many years. Recently, there have been a few changes worth noting, particularly as to the OLCC protocols. I’ll touch briefly on other market dynamics, too.
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
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
