Welcome back to the buzz, our monthly cannabis news and policy update. Your at-a-glance source for regulatory developments, agency announcements, and trends impacting the cannabis industry.
In this edition of the buzz, highlights include:
- Hemp definition partially delayed: A continuing resolution pushes key portions of the new federal hemp definition to December 11, but the synthetic cannabinoid ban still takes effect November 12; lawmakers may attach a hemp regulatory framework to year-end legislation, though the White House signals no further delays.
- Rescheduling advances: The DEA released its administrative hearing transcript and final briefs were filed; the DC Circuit rejected a bid to block medical marijuana rescheduling and denied two companies' motion to intervene; a bipartisan group of lawmakers requested further guidance from the administration.
- 280E deference fight: NM Top Organics and the IRS filed final briefs disputing whether the AG Order controls under Loper Bright—and whether it applies retroactively to Section 280E.
- New markets open up: AL opens its second medical dispensary; NE's Supreme Court upholds its 2024 medical initiatives; RI reopens retail and social equity licensing to add 24 new storefronts.
- State policy roundup: CO adopts final anti-diversion rules (eff. Nov. 1); CA signs AB 2249 targeting child-attractive packaging; CT flattens its excise tax to 10.75% (eff. Oct. 1); GA proposes delivery and other program rules; MI eyes repeal of its 24% wholesale tax; IL rolls out medical licensing for adult-use operators; NV's Cannabis Tax Permit deadline passes; NM transitions to a new seed-to-sale system.
- Hemp litigation: A new challenge to Texas hemp testing rules is filed in Travis County; the plaintiffs' request for a temporary restraining order is denied.
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This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.