Adult Use / Recreational

Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still remain with respect to how the rescheduling of marijuana could impact federal trademarks and state

Continue Reading 2024 Cannabis Trademarks and Branding

Last week, the Department of Health and Human Services (HHS) released the full text of its letter (HHS Letter) to the Drug Enforcement Administration (DEA), recommending marijuana rescheduling from Schedule I to Schedule III. Schedule I substances are deemed to have no currently accepted medical use (CAMU) and

Continue Reading DEA is Going to Have a Hard Time Fighting Marijuana Rescheduling

Last week the Ohio House proposed legislation designed to revise a number of aspects of Issue 2, the Ohio Marijuana Legalization Initiative, passed by over 57% of Ohioans in November. Today, the Ohio Senate proposed its own revisions to Issue 2, which, if passed, would have significant repercussions on the

Continue Reading The Hits Keep Coming to Ohio Marijuana: Legislature Proposes More Limits to Adult-Use Law

Ohio Republicans have begun to propose legislative changes to the recently passed Issue 2, the Ohio Marijuana Legalization Initiative (Initiative), passed by over 57% of Ohioans in November. House Bill No. 341 (the Bill) was introduced on November 28 by Representative Gary Click (R) and does not currently have

Continue Reading Ohio Marijuana: House Member Introduces Bill to Amend Recently Passed Adult-Use Law

On November 7, 2023, voters in Ohio approved Ohio Issue 2, the Marijuana Legalization Initiative (the Initiative), which legalizes marijuana for recreational use in Ohio. Among its key provisions, the Ohio Initiative creates a new Division of Cannabis Control (DCC) within the Ohio Department of Commerce (DOC) to regulate marijuana

Continue Reading Ohio Legalizes Adult-Use Marijuana

In late August, the U.S. Department of Health and Human Services announced that it would recommend moving marijuana from Schedule I to Schedule III of the Controlled Substances Act. In this episode, corporate cannabis attorney Daniel Shortt moderates a discussion with tax attorney Douglas Charnas and financial services regulatory attorney

Continue Reading Podcast: Tax and Banking Implications of Rescheduling Marijuana

Tetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal standpoint.

Following the passage of the 2018 Farm Bill, the marketplace for “alternative” or “minor” cannabinoids – chemical compounds

Continue Reading Is THCA Legal? The State Line is the Bottom Line

According to a report from the Congressional Research Service (the Report), the Drug Enforcement Administration (DEA) is likely to follow the Department of Health and Human Services (HHS) and the Food and Drug Administration’s (FDA) recommendation to move marijuana from Schedule I to Schedule III under the Controlled Substances Act

Continue Reading DEA Likely to Reschedule Marijuana Based on Congressional Report

On August 8, 2023, Ohio voters defeated a proposed amendment to the state’s Constitution that would have required at least 60% of the vote on any citizen-initiated proposal to amend the Constitution, otherwise known as Issue 1. Since 1912, the Ohio Constitution has required only a majority of the vote

Continue Reading All Eyes on Ohio’s Adult-Use Marijuana Measure Post Issue 1 Defeat

A hard lesson was learned after cannabis was discovered in a suitcase at the airport: the government does not have to prove cannabis is marijuana to convict you of trafficking in marijuana. A new case recently clarified that the legal burden shifts and requires the accused to produce evidence that

Continue Reading Hemp in Your Suitcase Can Get You Convicted of Trafficking in Marijuana