The trend to legalize the medical and recreational use of marijuana continues to blaze through the states, but federal law — and bankruptcy courts by extension — have not yet followed suit.[1]
Bankruptcy courts have historically prevented cannabis — and even cannabis-ancillary companies — from filing for protection under the
Continue Reading Pot Cos. Can Rely On State Law For Bankruptcy Safeguards
For a variety of reasons, many states that have legalized recreational or medical marijuana have imposed residency requirements throughout their regulatory schemes, meaning that marijuana license holders, employers, and, in some cases, even consumers, must be residents of the state. However
Continue Reading Maybe You Can Play In the Sandbox If You Don’t Live in the Neighborhood
On its face, it appears to be counterintuitive: United States federal courts recognizing and enforcing workplace rights for employees working in an illegal industry. After all, we would not expect a judge to lend a sympathetic ear to the employee of an arms trafficker or an interstate fraud ring. However
Continue Reading Federal Discrimination Statutes and the Cannabis Industry: An Illegal Industry Still Subject to Federal Laws
As the trend to legalize the medical and recreational use of marijuana continues to blaze through the states, federal law, and bankruptcy courts by extension, have not yet followed suit. Bankruptcy courts have historically prevented cannabis – and even cannabis-ancillary companies – from filing for protection under the U.S. Bankruptcy Code because marijuana remains illegal under the CSA at the federal level.
Continue Reading Cannabis Companies Lacking Bankruptcy Protections Can Explore State Options
On May 19, 2022, the United State Court of Appeals for the Ninth Circuit ruled in a landmark case regarding the legality of delta-8 tetrahydrocannabinol (delta-8 THC). The court held, in AK Futures LLC v. Boyd Street Distro, LLC, that the plain and unambiguous text of the 2018 Agricultural
Continue Reading Federal Court Rules Hemp-Derived Delta-8 THC is Lawful
On Thursday, May 19, 2022, the Ninth Circuit ruled that hemp-derived products which contain delta-8 THC are currently legal under federal law, and entitled to trademark protection.
Continue Reading Ninth Circuit Holds Delta-8 THC Products Are Federally Legal
Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U.S. Supreme Court resolve this conflict in a Workers’ Comp case?
Continue Reading Podcast: Law of the Land? Cannabis, Preemption, and SCOTUS