Marijuana and the Federal Trade Commission: When Will the Giant Awake from Its Slumber?

It’s no secret that in the wake of the 2013 Cole Memo federal agencies greatly vary in how they treat marijuana businesses. The Department of Justice has opted to “stand down” for now in those states with “robust state marijuana regulations.” The Internal Revenue Service will not relent on enforcing section 280e against cannabis businesses, even though to do

Federal Tribal Marijuana Memo Changes Almost Everything

In December 2014, the federal government announced that when it comes to marijuana, it would not essentially treat Native American Tribes as it treats states. Since that announcement, a number of tribes have indicated an interest in tribal marijuana. My law firm just last week put on the first national Tribal Marijuana Conference, attended by more

Federal Marijuana Resides At Ole Miss., ICYMI

Believe it or not, the federal government maintains its own marijuana crop at the University of Mississippi (commonly known as Ole Miss). It likely surprises you that one of the most conservative states in the Union, a state that was one of the last to relent to the Civil Rights Movement of the 1960s and one

Federal Courts are Going Backward on Cannabis

A few weeks back, the Cannabis Law Institute invited me to discuss contract drafting for cannabis deals. A focal point for the panel was whether courts are willing to enforce cannabis contracts. The last time I had really looked at that issue was early 2019, when I wrote: Cannabis Dispute? Courts are Open. As the

Where Do Federal Agencies Stand on CBD?

In the past few weeks, many opinions on the sale, marketing and transportation of hemp and hemp-derived CBD-infused (“Hemp-CBD”) products have been released by federal agencies, including the U.S. Food and Drug Administration (“FDA”), the U.S. Department of Agriculture (“USDA”), the U.S. Postal Service (“USPS”), and the Transportation Security Administration (“TSA”). While we have written

Federal Court Denies Review of DEA’s Marijuana Extract Rule

If you were hoping for some clarity as to the legality of industrial hemp and cannabidiol (CBD) derived from industrial hemp, I have some (mostly) bad news. On Monday, the US Court of Appeals for the Ninth Circuit denied a lawsuit challenging the Drug Enforcement Administration’s (DEA) controversial Marihuana Extracts Rule. In Hemp Industries Assoc. v.

Federal Agencies Provide New Guidance for Hemp Banking

The tides have been rapidly changing for hemp companies to gain access to banking, which has not traditionally been available to hemp companies due to the fact that hemp was (sort of) federally illegal until about a year ago. As we previously explained: Commercial marijuana activity remains a federal crime,  and the Bank Secrecy Act