While more and more states move to legalize various uses of cannabis, a recent decision on an application for U.S. citizenship demonstrates its possession, use, and distribution remain illegal under federal law and can have significant consequences.
Cannabis Law Blog
News and analysis focusing on the full spectrum of cannabis-related issues facing businesses, financial institutions, and all levels of government throughout the United States
The Cannabis Law Blog, published by Dykema, focuses on legal developments and regulatory issues affecting the cannabis industry. It covers topics such as federal and state cannabis legislation, tax implications including the impact of Internal Revenue Code Section 280E, licensing and compliance challenges, and litigation related to cannabis businesses. The blog also addresses emerging policy changes like marijuana rescheduling under the Controlled Substances Act, state-level tax initiatives, and their effects on operators and markets. It provides analysis of administrative procedures, court decisions, and government actions relevant to cannabis operators, investors, and stakeholders navigating the evolving legal landscape.
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Minnesota Legalizes Marijuana For Recreational Use
On May 30, 2023, Governor Tim Walz signed legislation to legalize recreational use of marijuana for persons 21 years of age and older. The bill legalizes the production and sale of marijuana flower concentrates, topical and edible products, immature cannabis…
Cannabis is (Almost) Legal in Minnesota: Here’s What You Need to Know
After advancing through 13 committees and narrowly winning a 34-33 vote, Minnesota’s State Senate finally approved a bill to legalize adult-use cannabis on April 28th. But before it reaches the desk of Governor Tom Walz (who has pledged to sign…
High Hopes on 4/20: The Current Status of Cannabis Laws in Texas
The state of Texas has a long history of regulating cannabis use. Since 1915, when the first city ordinance was passed banning cannabis in El Paso,[i] the legal landscape in Texas and the rest of the country continues to…
Cannabis Employee Misclassification Case Moves Forward in Federal Court
On March 7, 2023, a federal court in Pennsylvania issued a ruling denying a cannabis company’s motion to dismiss claims based on the federal Fair Labor Standards Act (the “FLSA”). The opinion in DeMarco et al. v. FarmaceuticalRC, LLC et…
IMMEDIATE ATTENTION: Michigan Cannabis Licensees Face Imminent Loss of METRC
Update II: We have been informed that METRC’s report to the state that 85% of licensees were in arrears was erroneous; METRC now reports that 11% of Michigan licensees are affected.Update I: The CRA has had METRC agree to a…
Dykema Launches First-Ever Cannabis Podcast
Dykema is thrilled to announce the launch of A Higher Law: a cannabis podcast from our award-winning cannabis practice group. A Higher Law will serve as an essential resource for cannabis operators looking to navigate latest legal developments in this…
FDA Warns Five Companies of Aggressive New Approach to CBD Enforcement
The Food and Drug Administration (FDA) issued warning letters to five companies late last month on Monday, November 21, 2022, claiming that they are illegally selling products containing cannabidiol (CBD). The companies targeted are 11-11-11 Brands, CBD American Shaman LLC,…
Legal Options for Investors and Owners of a Financially Struggling Marijuana Business
The adult-use marijuana market in Michigan has seen a plunge in the price of marijuana. According to the Cannabis Regulatory Agency, the average price of one ounce of marijuana in December 2020 was $350.88. In contrast, the average price fell…
2022 Post-Election Analysis: Where Does Cannabis Go From Here?
Five states had marijuana on the ballot in last Tuesday’s elections (and another state had psychedelics). Here’s a deeper look at these measures, and what comes next for the cannabis industry.…