Shad Dales and Anthony Varrell returned on Tuesday Trade to blackDay two of ALJ hearings presented by Flowhub are underway in Arlington, Virginia. Eric Berlin of Denton, one of the nation’s most respected cannabis attorneys, shows us how the arguments are made in the hearing room. Michael Bronstein walks through the key moments of the first day, including admissions by a government witness about data gaps and how opponents tried to define those gaps.

Eric Berlin, a Dentons cannabis attorney with 33 years of legal experience and 18 years focused on cannabis reform, opened up by addressing the exclusion of proponents from hearings. According to DEA regulations, only parties adversely affected by the proposed rule are required to participate, and that proponents of the change, by definition, cannot be affected by it.

He described the DEA’s case as strong and backed by a scientific record supported by the HHS report, which spans 252 pages and cites thousands of supporting studies across two successive administrations. The conversation also revisited several arguments raised by opponents, including concerns that the FDA is relying on older data sets, questions about deviations from state-licensed programs, the variability of cannabis products complicating the single-scheduling decision and the lack of pregnancy-specific analysis in the government’s review.

For the second day in a row, Michael Bronstein, president of the American Hemp and Hemp Trade Association, joined in on highlights from the first day, including admissions by a government witness about data gaps and how opponents tried to present those gaps as grounds to discredit the HHS report in its entirety.

Bronstein noted that the opponents’ main strategy appeared to be to argue that newer data not included in the original report should invalidate its conclusions;

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On Thursday Trade to blackpresented by Flowhub. Jim Higdon, co-founder of Cornbread Hemp, joins us to break down developments out of Washington. Reports have surfaced that the Trump administration has approached Congress about a proposed ban on cannabis. This immediately raises questions about whether the November 12 deadline could be pushed back, softened, or materially changed before their second guest segment. FundCanna CEO Adam Stettner also joins us from last week’s Chicago conference.

In the first segment, Adam Stetter, CEO of FundCanna, updated the IgniteIt conference in Chicago with a perspective that cut through the sheer festivity that many attendees brought home. While acknowledging that the optimism in the room was real and well-founded, Stettner said he pressed operators with a more difficult question. What does positive sentiment really mean for your business now? He found that most had difficulty answering specifically.

He described the gap not as a reason for pessimism, but as a call for discipline. long-term momentum is building, but near-term fundamentals have yet to change significantly, and operators who mistake optimism for improving business risk making ill-timed moves.

In part two, Jim Higdon, co-founder of Cornbread Hemp, broke down developments in Washington around hemp prohibition. He described the White House’s latest message to Congress as the fourth meaningful shot at a legislative fix this year, and noted that the coalition seeking a solution is growing and the administration is getting more specific, now openly calling for Andy Barr’s bill or an extension of the framework as part of an additional appropriations package.

Higdon emphasized that Cornbread Hemp is focused on maintaining two routes; supplement-style full-spectrum CBD products with one or about three milligrams of THC per serving, consistent with the CMS Medicare pilot program, and low-dose beverages dispensed through a three-tier alcohol system. He was careful to distinguish those products from smoking cannabis flower, which he said is the main source of friction between cannabis and the state-licensed cannabis industry.

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