CANNASWEEP

April 2025

OFW’s Cannabis Team regularly monitors cannabis news, legislation, regulation, and policy so our clients stay up-to-date on the latest developments impacting their business.

Please contact us if you have any questions or would like more information about any of the items below.

We also track cannabis-related legislation introduced in the U.S. Congress.  If you would like to learn more about our Congressional Bill Tracker, please contact Ben Dash. 

Cannabis Rescheduling/Descheduling

• U.S. Drug Enforcement Administration (DEA) Failed to Set Cannabis Rescheduling Briefing Schedule; No Progress Made on Interlocutory Appeal – The substance of the status update was limited to fewer than 100 words, with the DEA notifying the Administrative Law Judge (ALJ) John Mulrooney that its Acting Administrator-Derek S. Maltz-has failed to set a briefing scheduling.
• The US Cannabis Roundtable (USCR) is ‘still optimistic about the President acting on cannabis reform.’

Executive Branch

• Without individual, proactive advocacy for marijuana rescheduling from President Trump, the process could stall indefinitely, former officials with the DEA and U.S. Department of Health and Human Services (HHS) say.
• A new Centers for Disease Control and Prevention (CDC) report breaks down federal data on cannabis use among thousands of U.S. adults, finding that while smoking marijuana remains the most common way to consume it, methods such as eating, vaping and dabbing are growing in popularity.
• Congressional Research Service (CRS) report: “Electronic delivery systems that do not contain tobacco or nicotine from any source (e.g., marijuana concentrate e-liquid vaporizers) likely do not meet the definition of a tobacco product under the FFDCA. Consequently, such products may not be subject to FDA tobacco product regulation.”

U.S. Congress

• FDA Inaction Fuels Illicit Hemp Market, Harms Farmers, Industry Tells Congress – U.S. Hemp Roundtable General Counsel Jonathan Miller urged lawmakers to impose clear federal regulations on hemp-derived products, blaming FDA delays for endangering public health and undercutting legitimate businesses.
• Rep. Pete Sessions (R-TX) tweeted, “Hemp-derived intoxicants like Delta-8 THC pose serious public health risks. Between 2021 and February 2025, U.S. poison control centers handled 10,263 cases involving Delta-8 THC exposures. Even more troubling, these products are often marketed in ways that appeal directly to children. I personally confronted the General Counsel of the Hemp Roundtable for their continued support of companies that sell and promote addictive hemp products to children. Candy-like items such as Triple Strength THC Watermelon Lemonade Space Chews have no place on the market and should be banned outright.”
• No Deductions for Marijuana Businesses Act (H.R. 1447) now has 10 cosponsors
• Where All 100 U.S. Senators Stand on Cannabis Law Reform

The States

• Where All 50 U.S. Governors Stand on Cannabis Law Reform.
• Outdated state regulations are stifling the cannabis industry – in 2024, participation in state-regulated marijuana markets was measured at 29.4%, meaning that 70.6% of all cannabis transactions are still conducted in the illicit market.
• Alabama: Bills to regulate CBD, hemp-based products advance in committees.
• Arkansas: Bill to crack down on hemp, Delta-8 passes House committee.
• California: The Department of Cannabis Control (DCC) is issuing this notice of voluntary recall for multiple Awesome Dope edible straw and Honey edible straw products due to incomplete and incorrect regulatory compliance testing.
• Delaware: The DE House of Representatives has unanimously passed a bill meant to fix an issue with the state’s marijuana legalization law that led FBI to reject its request to create a fingerprint background check system for would-be cannabis industry workers.
• Florida: Donors gave big to DeSantis’ marijuana campaign after getting $10M from Hope Florida; A FL House panel unanimously approved a bill that would exempt military veterans from state registration fees for medical marijuana cards, allowing them to obtain the certifications for free.
• Hawaii: Gov. Josh Green (D) has signed a bill to help speed the expungement process for people hoping to clear their records of past marijuana-related offenses.
• Illinois: The Illinois Senate has passed a bill to clarify that police may not stop or detain drivers, or search their vehicles, based solely on the smell of cannabis.
• Indiana: Indiana GOP Senators Block Another Attempt To Legalize Marijuana Through Budget Bill.
• Kansas: KS Gov. Laura Kelly (D) says it’s time for lawmakers in the state to finally legalize medical marijuana.
• Kentucky: Construction underway on KY’s first medical cannabis grow operation
• Maine: ME lawmakers have advanced a bill that would effectively legalize low-level psilocybin possession for adults, but some are pushing to significantly amend the proposal to simply create an advisory commission that would study the issue.
• Maryland: MD lawmakers have sent a bill to the governor meant to clear up policies around on-site marijuana consumption businesses and lay out the plan for a second cannabis licensing lottery round, while also revising rules to allow license holders sell their cannabis companies to employees ahead of a current five-year waiting period.
• Massachusetts: Legislators consider 8 bills to increase cap on cannabis dispensary ownership
• Minnesota: The Office of Cannabis Management (OCM) provided details of compliance testing requirements for cannabis and hemp products manufactured or sold by businesses licensed by OCM; Lawmakers aim to streamline marijuana licensing, aid THC beverage makers; Military veterans deserve safe access to medical cannabis (opinion)
• Missouri: MO cannabis regulators find another 6,000 products that should have been recalled in 2023 – Two years ago, Missouri regulators suspended Delta Extraction’s license after finding the company’s THC concentrate was made with out-of-state cannabis; Missouri cannabis regulators revoke 25 microbusiness licenses
• Montana: MT lawmakers move forward with THC-limiting bill; Montana Lawmakers Pass Marijuana Bill To Set Zero-Tolerance THC Limit For Drivers Under 21
• New Mexico: Gov. Michelle Lujan Grisham signed the Medical Psilocybin Act into law this week, making NM the third state in the U.S. to decriminalize. Advocates say the program is still a few years away from fully operating.
• Nevada: An NV legislative committee has passed a psychedelic pilot program bill that would allow some patients with certain medical conditions to legally access substances such as psilocybin, DMT, ibogaine, and mescaline.
• North Carolina: NC bans tobacco in schools. The law may expand to cover vaping and hemp gummies; A newly filed bill in NC would narrowly legalize medical marijuana, allowing access for individuals enrolled in a “registered research study.”
• Pennsylvania: An independent PA agency is projecting more tax dollars to be generated from adult-use marijuana sales compared to what the governor’s office has estimated, although it expects significantly less overall revenue from cannabis legalization due to differing views on licensing fees; PA lawmakers are taking action to clarify that a person’s status as a medical marijuana patient cannot be used against them in parental custody rulings in family court.
• Rhode Island: Nearly two years after its formation, RI’s three-member Cannabis Control Commission (CCC) approved an inaugural set of rules that will govern the state’s budding cannabis market.
• South Dakota: The Legislative Research Council (LRC) is seeking applicants for positions on the State Investment Council, Commission on Uniform Legislation, Code Commission, and Medical Marijuana Oversight Committee.
• Tennessee: TN House passes amended bill to regulate hemp industry, ban hemp flower.
• Texas: Lt. Gov. Dan Patrick’s push to outlaw THC in TX is ramping up as a House committee considers his bill to ban the substance and another bill to place new limits on the industry; Lawmakers are debating proposals to ban intoxicating hemp products, which could destroy thousands of businesses.
• West Virginia: Increased Penalties For Drug Offenses Passes House Of Delegates

Cannabis Abroad

• The Origin and Use of Cannabis in Eastern Asia: Their Linguistic-Cultural Implications
• Canada: Israel’s Minister of Economy and Industry has announced the nation will impose tariffs on Canadian cannabis at rates as high as 165% for the next four years. Recreational cannabis legalization (RCL) appears to be displacing the illegal cannabis market, as many medical users appear to be transitioning to the recreational market
• Brazil: Marijuana Decriminalization Plan May Re-Emerge as Mandatory Treatment
• Malta: The Maltese government is proposing a series of changes to the country’s cannabis laws in a bid to tighten enforcement, clear up legal definitions, and provide more clarity for everyone involved—from regulators to cannabis associations.
• Chile: Government officials present a bill regulating adult cannabis use: “Chile cannot continue criminalizing users.”
• Hungary: László Horváth, the government commissioner in charge of efforts against drug trafficking, slammed a politician of the satirical Two-Tailed Dog party for encouraging the public at a recent rally of that party to “try and use marijuana regularly if you like and if you can.”
• Australia: Fresh efforts to decriminalize cannabis and kick-start the industrial hemp sector are to be introduced in Western Australia.

Customs and Trade

• CBP provides travel tips for the holiday season: “Remember, marijuana remains illegal in the United States federally. Do not cross the border with any marijuana or marijuana products.”

Business, Banking, Insurance

• How Physicians Can Stay Up-to-Date on the Legal Status, FDA Approval, & Safety of Cannabis Use.
• A new policy memo from an American alcohol retail industry group (ABL) argues that marijuana should be regulated more like booze, including by requiring that intoxicating cannabis products be sold only by businesses licensed to sell alcohol.
• A Blazing Times Square Ad Touts 420 as Cannabis Steps Out of the Shadows
• With the cannabis holiday 4/20 approaching, a new poll finds that three in four consumers support non-marijuana companies promoting their brands in a way that aligns with the festivities.
• Is There a Method to the Mayhem? The Stock Market and a Potential Cannabis Collapse
• ScottsMiracle-Gro Continues to Advance Consumer and Cannabis Strategies – Transfer of Hawthorne Collective reflects focus on separating cannabis holdings and driving greater growth in core lawn and garden business.
• Unionized STIIIZY Workers in California Ratify Landmark Three-Year Contract With Highest Starting Wages in the Industry.

Research

• In a journal publication in Gastrointestinal Endoscopy, University of Oklahoma College of Medicine physician-researchers found that, during an endoscopy, cannabis users were 77% more likely to require higher doses of the anesthetic propofol compared to non-users, and 57% more likely to need higher doses of the sedative midazolam. In addition, diphenhydramine, an antihistamine often used for extra sedation, was more commonly used to supplement moderate sedation in cannabis users versus non-users.
• New research links cannabis use disorder to higher dopamine levels in the brain, increasing the risk of psychosis. The study sheds light on how cannabis use disorder is linked to changes in the brain that are associated with psychosis.
• High-dose Psilocybin Reduces Depressive Symptoms in some patients.
• Rates of cannabis use during pregnancy are increasing, and so too are rates of cannabis use disorder (CUD), suggests a new study out of Columbia University.
• A Canadian pilot study explored how supervised cannabis use in recovery homes might support individuals overcoming substance use disorders.
• Study: CBD Calms Autism Symptoms and Improves Social Skills Without Side Effects
• The use of physician-authorized medical cannabis products is associated with “statistically significant and clinically meaningful improvements” in patients’ health, according to observational study data

Other Noteworthy Updates

• Dr. Shereef Elnahal, former VA Under Secretary for Health, discusses how he came to champion psychedelic research within the VA, the promising data in conditions like PTSD and substance use disorders, and the institutional groundwork needed to support the potential roll-out of these therapies at scale. 
• The Cannabis Industry is Failing Medical Patients—And Leaving Billions on the Table (Opinion)
• Data collection company MoreBetter announced a new study aimed at understanding the impact of THC-infused beverages on alcohol consumption, mood, and overall quality of life. The company said it is looking for 2,000 qualified participants to provide daily feedback over three weeks about their infused beverage and alcohol consumption patterns, as well as self-assessments on their overall quality of life.
• Cannabis Media Council Introduces Second Education and Awareness Ad Campaign Addressing Consumer Cannabis Questions Head On

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If you are interested in exploring commercial opportunities in the cannabis space, we would be happy to assist you in any of your cannabis law questions, comments, or concerns. Please contact Tish Pahl (tpahl@ofwlaw.com), Kyla Kaplan (kkaplan@ofwlaw.com), Denise Calle (dcalle@ofwlaw.com), and Ben Dash (bdash@ofwlaw.com) for assistance.