Marijuana legislation is continuing to evolve in the new year across jurisdictions throughout the U.S. Below, we dive into a brief survey of notable changes to marijuana legislation across the U.S. during the first three weeks of 2025.
First Circuit Greenlights Federal Prosecution of Maine Couple in Cannabis Case
In a pivotal ruling issued on October 15, the U.S. Court of Appeals for the First Circuit affirmed the district court’s decision to deny a motion filed by Lucas and Alisa Sirois, a Maine couple accused of operating an illegal marijuana cultivation and distribution network, to end federal prosecution against them. The ruling is significant not only because of its direct impact on the Siroises but also due to its broader implications for the ongoing tension between state and federal cannabis laws. The case underscores the legal complexities at the intersection of state and federal marijuana laws and provides additional clarity on the confines of the Rohrabacher-Farr Amendment.
NCAA Drug Testing & Cannabinoids: A Break-Up Story
I. Introduction
The National Collegiate Athletic Association (NCAA) is the largest governing body in college athletics. The NCAA regulates all aspects of student athletics among 1,100 schools in the United States. It also organizes the athletic programs for over 500,000 collegiate student athletes. Part and parcel to their governance of collegiate athletics is the NCAA’s responsibility for maintaining the integrity of competition by conducting drug testing procedures for student athletes under their purview. On June 26, 2024, the NCAA removed cannabis from its banned drugs list for Division I college football championship and post-season. This decision has significant legal and policy implications that extend beyond the realm of collegiate athletics. Arguably, this decision is a part of the evolving public perception of marijuana.
Advising a Cannabis-Related Business: The Importance of Attorneys in Navigating the Marijuana Regulatory Framework and Licensing Scheme
Introduction
The medicinal and recreational use and popularity of marijuana has continuously grown throughout the U.S. since Oregon became the first state to decriminalize marijuana in 1973. To date, thirty-eight states and the District of Columbia have implemented medical marijuana programs, twenty-five of which have also expanded into adult-use.
Federal Courts and Cannabis Disputes: A New Perspective From Bartch v. Barch
Introduction
On February 1, Senior U.S. District Judge R. Brooke Jackson of the U.S. District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and together with Mackie, defendants) motion to vacate the original judgment entered into on September 7, 2022, awarding $6.4 million to David J. Bartch (plaintiff) as a result of defendants’ breach of contract. In reaching his ruling, Judge Jackson was unpersuaded by defendants’ argument that the court lacks subject matter jurisdiction over this matter because the plaintiff’s injury is not redressable by a federal court because marijuana is illegal under federal law, and federal courts therefore cannot adjudicate marijuana cases. Judge Jackson further went on to specify that the conduct at the center of this dispute (defendants’ agreement to return plaintiff’s ownership interest upon the successful licensing of Doctor’s Orders Maryland (DOMD)) would not have “affected the amount of cannabis that the company [DOMD] cultivated or distributed” in violation of the Controlled Substances Act (CSA). The decision to ultimately defend and extend Article III jurisdiction in cases arising out of cannabis business disputes is an interesting shift that highlights the sway of public opinion to the side of the legalization of marijuana on the federal level.
Georgia’s Medical Marijuana Program: DEA Busts the Low-Dose THC Party Before It Starts
Despite the federal ban on the sale, use, and possession of cannabis in the U.S., in October, Georgia became the first U.S. state to allow pharmacies to sell low-dose tetrahydrocannabinol (THC) products. Pursuant to statutes passed by the Georgia General Assembly in 2019, certain Georgia pharmacies approved by the Georgia Board of Pharmacy, are permitted to sell low-dose THC products containing up to 5% THC, the intoxicating component found in the cannabis plant. The 5% cap is far lower than the allowable THC levels in most states.
The Corporate Transparency Act and Its Connection to Cannabis
I. Introduction
Effective on January 1, 2024, the Corporate Transparency Act (CTA) will require all nonexempt entities to report certain identifying information of its beneficial owners (as defined below) and company applicants (as defined below) to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).