CANNASWEEP

WEEK OF January 29


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.


If you have any questions or would like more information about any of the items below, please contact us.


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 reach out to Ben Dash.


Federal Executive Branch — Office of the President, Departments, and Agencies

  • Hemp Seed Meal

  • During his political remarks at South Carolina’s “First in the Nation Dinner,” President Biden quoted saying, “I keep my promises when I said no one — no one should be in prison for merely possessing marijuana or using it, and their records should be expunged.”

Cannabis Rescheduling

  • Ohio State Legal Studies Research Paper: Shows a majority of Veterans/Active Military & Family Members of Veterans supported the legalization of recreational marijuana.
  • Multi-state cannabis operators (i.e., Curaleaf, Truelive, Verano) are said to possibly benefit from marijuana reclassification (Dow Jones & Company, Inc.).
  • Former Assistant Colorado Attorney General – Opinion: The Results of Rescheduling Marijuana May Not Be What You’d Expect
  • 12 Senate Democrats, including Majority Leader Chuck Schumer, urged the DEA in a letter to remove marijuana from the Controlled Substances Act (CSA) altogether. (The Hill) (Van Hollen Press Release) (Padilla Press Release) (Hickenlooper Press Release).

    • Rep. Jerry Nadler tweeted: “It’s past time we Deschedule—not reschedule—marijuana at the federal level.”
    • Gillibrand and  Nadler Joined by New York Leaders in Calling DEA to Deschedule Cannabis. “Descheduling marijuana from the Controlled Substances Act is not just a social justice issue; it’s an economic, medical, and public safety issue,” Gillibrand said in a public statement.

  • Various groups continue to conduct surveys showing an increase in public opinion on re- or de-scheduling decisions:

    • Tarrance Group Poll: Majority support exists for marijuana legalization, driven by Democratic and younger voters, as well as younger independents, and a majority of younger Republicans.
    • Lake Research Partners: A new survey found broad support across demographics and suggested Biden could see an 11% favorability boost if it occurs.

U.S. Congress

The States

  • Alabama: Medical cannabis license chaos: Legal turmoil and oversight lapses. A cloud of confusion and apparent incompetence overshadows the licensing process, raising questions.
  • Arizona: AZ SB 1401 was introduced to update the list of dangerous drugs to include Delta-8 THC and any other cannabinoids that are produced through chemical synthesis or alteration of compounds found in hemp (no cannabidiol (CBD)). Additionally, AZ HB 2679 and SB 1186 were introduced to amend the state’s definition of industry hemp to exclude consumable, intoxicating products, which would be regulated as products that can be sold only to adults 21+.
  • Arkansas: The Arkansas Medical Cannabis Amendment of 2024 would make it easier for Arkansans to get medical marijuana certification and would legalize recreational sales if the federal government makes cannabis legal. Arkansas industry members and patient advocates are rallying in support of a new constitutional amendment proposal that they hope will double the state’s medical marijuana market; In Arkansas, medical marijuana had a record in 2023. Conditions are ripe for more records in 2024.
  • California: The Department of Cannabis Control (DCC) is providing notice to the public of its intent to adopt its emergency regulations implementing CA SB 833, codified in Business and Professions Code section 26061.5, which requires the DCC to allow cultivation licensees to make certain changes at the time of renewal.
  • Colorado: Cannabis Research Day at University of Colorado, Anschutz Medical Campus – Coming Summer 2024.
  • Connecticut: Cannabis dispensaries in Connecticut are facing a flower shortage, according to the Chief Operating Officer of Fine Fettle Benjamin Zachs.
  • Delaware: DE HB 285, allowing elders to self-certify for marijuana card, passes House. The bill now moves to the state Senate.
  • Florida: State lawmakers are advancing legislation that would ban the sale of certain hemp-derived cannabinoids – FL SB 1698 and FL HB 1613 would change the statutory definition of “hemp” to exclude Delta-8 and Delta-10-THC, THC acetate, HHC, THCP, and THCV.
  • Hawaii: A new bill, HI HB 3019, authorizes, and establishes a regulatory framework for the administration of psilocybin for therapeutic use.
  • Illinois: IL law 820 ILCS 55 says that lawful use of recreational marijuana is protected under the Illinois Right to Privacy Act, so your employer could potentially retaliate if you possess more marijuana than the regulation allows or otherwise break the law.
  • Indiana: State Representative for West Lafayette, Chris Campbell, is supporting many bills that deal with cannabis legalization, and hemp products, including House Bill 1410.
  • Iowa: Is Iowa’s medical marijuana industry growing too fast? Why the state may put on the brakes; this week, the state board released its 2023 annual report, which includes policy recommendations to the Iowa Legislature and data on the Iowa Medical CBD program’s use over the past year; Some hemp-infused drink companies calling for more oversight.
  • Kansas: Trio of Kansas groups call on 2024 Legislature to pass bill legalizing cannabis for medicinal use – Gov. Laura Kelly supports the concept, but the House and Senate have yet to make a deal; Legalizing medical marijuana is popular in Kansas, so why hasn’t it happened yet?
  • Maine: U.S. Senators Susan Collins and Angus King, and U.S. Representatives Chellie Pingree and Jared Golden, are following up with the Department of Justice (DOJ) and urging a crackdown on illegal Chinese-owned marijuana operations in Maine.
  • Michigan: Michigan releases a chart of disciplinary actions taken against cannabis businesses.
  • Missouri: State legislation MO SB 984 – the Intoxicating Cannabinoid Control Act – would grant the state’s marijuana regulators the authority to oversee intoxicating hemp products (except for CBD).
  • New Hampshire: New Hampshire House Subcommittee Tacks Toward More Traditional Marijuana Sales Model, Risking Pushback From Governor.
  • New York: Thousands of illegal cannabis dispensaries are operating throughout New York State — and only 14 individuals are tasked with investigating them; Hochul says cannabis rollout was a ‘disaster’ but fixing it is unlikely.
  • Ohio: Ohio senator, Sen. Steve Huffman, proposes limits, not ban, hemp-derived products like Delta-8 and CBD.
  • Oregon: Oregon Pot Grower Drops Constitutional Challenge To State Law – Read Jefferson Packing House’s voluntary dismissal of the interstate cannabis commerce suit here.
  • Pennsylvania: Spotlight PA court victory leads to new academic research into Pa. medical marijuana program – which found that anxiety disorders are the top reason patients qualify for the program. Find the research here; Shapiro Administration Awards $2.232 million for research critical to growing Pennsylvania’s agriculture industry, including developing markets for industrial hemp as an energy feedstock.
  • South Carolina: Health officials in South Carolina want hemp growers to know Delta-8 and Delta-9 are not allowed as ingredients in food or drinks in the state.
  • South Dakota: SD SB 117 would align THC testing regulation with federal standards. This session, lawmakers are considering nine different cannabis-related bills.
  • Virginia: State lawmakers begin to tackle weed sales three years after legalization – a Senate committee advanced VA SB 448 to get a regulated retail system up and running by Jan. 1, driven partly by concern that an illicit market is already flourishing as the state tries to get its act together; Va. Tells the Fourth Circuit that Hemp Law Not Preempted By Farm Bill.
  • Washington: Other Papers Say: Efforts on pot potency up in smokeHouse Bill 2320 would restrict retail outlets from selling a cannabis product with a THC concentration greater than 35% to someone under 25, with medical exceptions; Bipartisan bills call for the state to share liquor, cannabis revenues with local governments – Senate Bill 5404 would increase cannabis-revenue distributions to local governments; Bill in Washington Legislature would loosen the restriction on homegrown cannabis
  • West Virginia: Emily Rice sat down with Rusty Williams, a patient advocate on the West Virginia Medical Cannabis Advisory Board, and Del. Mike Pushkin, D-Kanawha, to discuss the future of marijuana in West Virginia.
  • Wisconsin: GOP Senator Casts Doubt on Medical Cannabis Legalization in Wisconsin. Hopes that Wisconsin could soon legalize medical cannabis have taken a hit this week as  Senator Mary Felzkowsk says there is ‘no appetite’ for it in the Senate.

Cannabis Abroad

  • The Ukraine Report: Farmers hope legislation passes for hemp production.
  • Regulating CBD: The Association for the Cannabinoid Industry (ACI) puts pressure on the Food Standards Agency (FSA) and the  UK Home Office to speed up the authorization process. The ACI has produced a white paper underlining the need for constructive engagement between the respective authorities.
  • New Thai government backflips on legalization of recreational cannabis.
  • South Korea will prohibit drug-related terms in food labeling.
  • Israel begins “anti-dumping” investigation into cannabis imports from Canada; Israel’s upcoming medical cannabis changes could see patient growth double this year.
  • New research reveals legal cannabis prices nearing parity with illicit markets in Canada.
  • Major new cannabis Ireland law shake-up plans to be debated in Dail ahead of vote with ‘impossible to oppose’ prediction made; Senior doctors write to Government warning against Bill to legalize cannabis for personal use
  • South African National Defense Force (SANDF) members will not be excluded from utilizing the Cannabis for Private Purposes Bill, according to the Department of Justice (DOJ, following concerns about the use of cannabis in living quarters.
  • Medical cannabis licenses made more affordable for Antiguans and Barbudans

Customs and Trade

  • USDA’s The National Weekly Hemp Report reported a value of nearly $25,000 worth of imports of Hemp (True hemp (Cannabis sativa L.)) classified under the US Harmonized Tariff Code (HTSUS) 5302.10.000 for this past week, making it a total of $146,049 for the first month of 2024. Indicating that the main source of Hemp is domestic, while the Dominican Republic and the Netherlands continue to import.  Interestingly, a value of over 1 million was recorded in imports of Hemp Seed for Consumption (Oil Seed & Oleaginous Fruits, Broken or not) classified under HTSUS 1207.99.0360 in this past week alone, making the value for the month of January grow to $2,543,717. Manitoba, Canada leads in the volume and value of imports in this category of product followed by China and Saskatchewan, Canada.                                                                                                                        
  • These products were permitted entry because hemp seeds and plants can be imported into the U.S. The importation is regulated U.S. Customs and Border Protection (CBP) and the USDA. Importantly, all compliance must be performed prior to importation to avoid detention or seizure by either or both agencies which can easily lead to the forfeiture of the imported goods.

Enforcement Actions

  • MMJ Cultivation Challenges DEA Over Delayed Cannabis Research – MMJ BioPharma Cultivation, a leading cannabis researcher, is pushing back against the DEA’s motion to dismiss its long-pending application for cultivating pharmaceutical marijuana.
  • A drug test cost a DEA agent his job – he then sued and got it back. (NY Times)

Business, Banking, Insurance

  • Senate Banking Committee Chairman Sherrod Brown (D-OH) cited cannabis banking legislation as a way for bipartisan collaboration on his panel.

Other Noteworthy Updates

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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.

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