Tag Archives: Federal Law

2022 Cannabis Year-in-Review

2022 has been a rollercoaster of a year for the cannabis industry. On the upside, several states have passed legislation to either permit adult use or permit a medical marijuana program. Federally, simple possession cannabis offenses have been pardoned and legislation was passed to allow for research into cannabis. On the downside, the industry has been in a slump as the market gets more crowded and investor streams are drying up.… More

Biden’s Cannabis Announcement: The Reform We Need or Be Careful What You Wish For?

Key Takeaways:

  • Pardons are long overdue. States need to follow the President’s lead
  • Descheduling or Rescheduling will take time and would be subject to administrative rule making
  • While capital markets could unlock and the heavy drag of 280E could go away, descheduling or rescheduling would create huge challenges for state rules, including social equity, and could result in a wave of interstate commerce

Today,… More

Schumer Proposes Federal Decriminalization of Cannabis

On Wednesday, July 14, Senate majority leader Chuck Schumer (NY), Senator Cory Booker (NJ), and Senator Ron Wyden (OR) introduced a draft bill to decriminalize marijuana at the federal level. The draft discussion of the legislation, named the Cannabis Administration & Opportunity Act (the “Bill”), opens by recognizing the disparate impact of the War on Drugs on people of color and states that goal of the Bill is to “end the decades of harm inflicted on communities of color by removing cannabis from the federal list of controlled substances and empowering states to implement their own cannabis laws.”

Beyond removing cannabis from the controlled substances list and recognizing state law regarding cannabis,… More

Merrick Garland Signals New Stance on Marijuana Policy if Confirmed as Attorney General

Prior to his Judiciary Committee confirmation hearing last week, Judge Merrick Garland had not clarified his views on marijuana policy and how he would approach the issue if confirmed as Attorney General. However, after his confirmation hearing, we can almost certainly expect to see the Justice Department shifting back towards the Obama-era approach and limiting resources spent on federal marijuana enforcement.

During the first day of the confirmation hearings last week,… More