Legal Issues

With the Alabama Medical Cannabis Commission still embroiled in lawsuits, the launch of the state’s medical cannabis program is still months away, if not a year or more.

A dispensary in Martha’s Vineyard, Massachusetts has filed a lawsuit against the state Cannabis Control Commission over rules that prohibit the transport of cannabis products by boat across the Vineyard Sound to the island.

A New Jersey appeals court ruling found that the state’s cannabis legalization law is not preempted by federal law but warned that “residents and marijuana businesses … act at the risk that their activities might be prosecuted by federal authorities.”

Medical cannabis patients in Pennsylvania could soon enjoy the state-sanctioned right to own and possess firearms, per a proposal by Republican state Sen. Dan Laughlin. Federal law, however, still prohibits people who consume cannabis from possessing firearms.

In a recent letter, 22 attorneys general called on members of Congress to tighten federal rules on hemp-derived cannabinoid products, arguing that the 2018 federal Farm Bill “unleashed… a flood of products that are nothing less than a more potent form of cannabis.”

A California auction of confiscated paraphernalia aiming to recover over $14.4 million in unpaid cannabis taxes yielded far less than expected, raising only $2,075.

A Maryland-based cannabis grower is suing Smithfield police for allegedly lying about the legality of his operation and destroying seized cannabis that could have demonstrated its lawfulness, amidst claims of justice mishandling and evidence suppression.

Texas Attorney General Ken Paxton has filed a lawsuit against five Texas cities and their officials for adopting cannabis decriminalization policies, arguing these policies violate state laws and the state constitution.

California’s Attorney General Rob Bonta recently expressed concerns over the federal risks associated with opening interstate cannabis commerce for the state’s industry.

In Colorado, a new voter initiative aims to empower cannabis consumers with the right to acquire concealed carry firearm permits, challenging the current restrictions imposed by federal law.

Activists in Texas are suing the city of Harker Heights for failing to reform its local cannabis laws after voters approved decriminalization changes in 2022.

The Securities Exchange Commission (SEC) recently obtained judgments against two former CanaFarma Hemp Products Corp. executives for fraudulent offerings.

A New York judge has approved a settlement between the state Cannabis Control Board and four military veterans who had sued the state over its social equity licensing plan, ending the months-long injunction on the state’s cannabis licensing process.

The Maryland Supreme Court has declined to review a lower court’s injunction against the enforcement of a state law banning intoxicating hemp products. Under this development, the injunction will remain in place and retailers can continue to sell products containing delta-8 THC and delta-10 THC.

New York Gov. Kathy Hochul has signed a bill to allow for the sealing of eligible misdemeanor convictions after three years and certain felony convictions after eight years, following the candidates’ release from incarceration.

The National Labor and Relations Board has approved a settlement that will see a Missouri cannabis dispensary company reinstate five employees and pay more than $145,000 in backpack, front pay, and interest and compensation to 10 employees who were terminated after a March union organizing action.

The California Department of Cannabis Control has clarified that the National Agricultural Workers Union is not a bona fide labor organization following reports from earlier this year that the organization is one of many “fake” unions in the space.

Florida inspectors announced last week they had uncovered more than 8,700 hemp extract-edible packages that were deemed attractive to, or marketed to,  children.

The Georgia Court of Appeals has ruled that hemp-derived delta-8 THC and delta-10 THC products are not considered controlled substances under state law.

A federal judge in Northern Virginia has denied an attempt to block a recently enacted state law that imposed stricter limits on intoxicating hemp products, with the judge arguing the state “demonstrated that delta-8 THC is a credible threat to the Virginia population.”

A federal judge has blocked an Arkansas state law that sought to ban hemp-derived THC products. The move prevents any enforcement actions under the ban and will keep thousands of employees, farmers, business owners, and consumers from being made into criminals “despite no change in federal law.”