What Would Federal Marijuana Enforcement Look Like?

We have our doubts that Sean Spicer’s comments last week will morph into active federal enforcement against marijuana businesses. Any federal action that interferes with state marijuana laws would be incredibly unpopular. Presidential administrations often use the media to float policy proposals to get a feel for how the public and Congress will react. In

California Cannabis Leasing: Federal Enforcement Is Not The Only Concern

The current state of enforcement in California tends to be dominated by headlines about the Department of Justice, Jeff Sessions, the DEA, and the Controlled Substances Act. And for good reason—under the constitution, federal law is the law of the land, and commercial landlords and tenant alike should study federal enforcement guidelines closely. Lease agreements

Federal Marijuana Legalization: NOT Optional

Though about half of the states and the District of Columbia have legalized or decriminalized the use of marijuana for either medicinal or recreational use, marijuana remains illegal under federal law. Under the federal Controlled Substances Act, marijuana is a Schedule I drug, which means it is deemed to have a high potential for abuse

Protection of Adult-Use Cannabis from Federal Enforcement Passes House in Resounding Bipartisan Vote

On Thursday, the United States House of Representatives voted 267-165 to prohibit the United States Department of Justice from using appropriated funds to interfere with state-legal cannabis programs. The Rohrabacher-Farr Amendment (a.k.a. the Hinchey–Rohrabacher, Rohrabacher-Blumenauer, and Joyce Amendment) has provided similar protection to state-legal cannabis programs over the past decade, but only to medical programs.

Pending Federal Case May Undo Federal Marijuana Prohibition Laws

We usually do not get excited over cases where a Federal judge is asked to deviate from Federal laws regarding marijuana — because they never do. This time, though, we are all ears, as according to The Daily Beast, this Federal judge is really listening: After a five-day hearing in California, [U.S. District Judge Kimberly

CBD Claims: Federal Enforcement Actions Are No Longer Limited to Warning Letters

The online sales of cannabidiol (“CBD”), including hemp-derived CBD products, have ramped up in response to the coronavirus (“COVID-19”) pandemic. Regrettably, during these uncertain times, a handful of CBD companies have been taking advantage of people’s fear and anxiety over the spread of the virus, making certain claims that CBD can treat and even cure

Enforcement in California Commercial Cannabis

The year 2018 has been confusing so far for California’s commercial cannabis industry in terms of the conflict between federal and state legal regimes. It began with California formally opening its doors for licensed cannabis activity. That was soon followed by the U.S. Department of Justice rescinding its 2013 Cole Memo that deprioritized enforcement against

Cannabis Law 101: Could the Federal Government Really Shutter State Programs?

Yesterday, we wrote about the various ways that enforcement of federal cannabis laws could ensue, if the current administration were bullheaded enough to attempt such a thing. The day before, we wrote about the Washington State Attorney General’s promise to fight any potential enforcement action. Today, we offer a brief primer on what rights the

California Cannabis: An Unlikely Convergence of Enforcement Priorities

When the Cole Memo was rescinded in January, uncertainty was rife on all sides of the state-regulated cannabis industry. Neither the regulators, the regulated, nor the unregulated knew what to expect from the federal government. The U.S. Department of Justice told each of its 93 United States Attorneys to exercise his or her own discretion

Federal Reclassification of Cannabis Will Not Kill the Industry

Business planning is both science and art, research and forecasting. In cannabis, the forecasting quotient is challenging compared to other industries. That is because federal prohibition has created a dance around conflicts in law that is equally awkward and intricate, alongside an ever-evolving panoply of state and local rules. Our cannabis corporate attorneys field questions regarding federal prohibition daily,