Cannabis News
Three Myths and Three Facts on the HUGE Marijuana Rescheduling Recommendation
Published
1 year agoon
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admin
Huge news yesterday. Huge! The U.S. Department of Health and Human Services (HHS) has officially recommended that marijuana be rescheduled, from Schedule I to Schedule III of the federal Controlled Substances Act (CSA). This means that the country’s top health agency has finally conceded that cannabis has medical value, and isn’t a drug of abuse on par with fentanyl or heroin. We haven’t yet seen the HHS letter so we’re not sure what changed from the last “medical and scientific” evaluation undertaken by the Food and Drug Administration (FDA) and HHS in 2015, but hey, we’ll take it.
Griffen Thorne in our office recently predicted that administrative action, and not Congressional action, would be the course of reform at hand. Kudos to him and others who shared that view. Rescheduling is not the best possible outcome, however. It’s really not. We’d like to see marijuana descheduled entirely, like alcohol or tobacco– which are demonstrably harmful substances. Still, moving marijuana down to Schedule III would be monumental progress.
The internet is full of hot takes on yesterday’s news, of course. They range from 0% accurate to 100% accurate. This blog post aims to dispel a few myths around rescheduling, and trot out some interesting facts.
Myth 1: It’s a done deal
It’s not a done deal! This all looks pretty good right now, but the Drug Enforcement Administration (DEA) has final say on whether to schedule or reschedule marijuana following the HHS recommendation. As an HHS spokesperson explained:
“While HHS’s scientific and medical evaluation is binding on DEA, the scheduling recommendation is not. DEA has the final authority to schedule a drug under the CSA (or transfer a controlled substance between schedules or remove such a drug from scheduling altogether) after considering the relevant statutory and regulatory criteria and HHS’ scientific and medical evaluation. DEA goes through a rulemaking process to schedule, reschedule or deschedule the drug, which includes a period for public comment before DEA finalizes the scheduling action with a final rulemaking.”
Here, the spokesperson is paraphrasing the CSA at 21 USC § 811(b). That CSA section references the Attorney General (AG) rather than DEA (and refers to the AG only as a “he”, embarrassingly). In any case, the DEA Administrator reports to the AG (through the Deputy AG). The HHS spokesperson is ultimately correct that DEA will have to instate rulemaking. The AG could then reschedule.
So, will DEA actually commence the rulemaking process? It seems inconceivable that DEA wouldn’t, but DEA has taken many bad positions on controlled substances over the years. This includes ignoring orders from its own administrative law judges to reschedule marijuana back in the day. Without having seen the HHS letter, I strongly believe that DEA will commence rulemaking to reschedule marijuana to III. Biden himself requested this HHS review, after all, for better or worse.
A couple of other, very important questions include: Will DEA drag its feet? How long will the rulemaking process take? What will the proposed rule actually say? How much testimony will be entertained, and from whom? Will the rulemaking be litigated? I could go on. Overall this is not a done deal, and although it feels imminent, this may take some time.
Myth 2: State marijuana businesses would be clear of federal enforcement
Nothing is going to change here, legally speaking. Practically speaking, same story: not much will change on federal enforcement exposure. This is because moving marijuana to Schedule III would have no effect on the federally verboten status of state-licensed marijuana businesses. These businesses would still be in violation of federal law if the AG reschedules, similar to any other business selling Schedule III drugs like methamphetamines or anabolic steroids. For a fuller analysis, check out this old chestnut from 2016.
But would moving marijuana to Schedule III make the risk of federal enforcement even more unlikely? I suppose. Truth be told, we haven’t worried much about federal law enforcement against state-licensed cannabis businesses since the days of notorious cannabis dingus Jeff Sessions. Moving the plant to Schedule III can’t hurt, though.
The only way state-licensed cannabis businesses will become insulated from all risk of federal enforcement is for marijuana to be removed from the CSA entirely, as half of Congress has voted to do and as Senators have recently petitioned the Attorney General to do (citing yours truly). Let’s hope we get there eventually.
Myth 3: Marijuana businesses would be taxed like other businesses
This is almost correct. If marijuana goes to Schedule III, the margins-crushing statute known as IRC § 280E would not apply, and the cannabis industry would change forever. That said, state-level taxation of cannabis will not change. Or, it may change for the worse, as states feel emboldened to raise cannabis-related taxes in the absence of § 280E.
Do states tax cannabis heavily? Yes they do. Although several states have passed laws designed to mute the effects of § 280E at the state return level, most states (and many cities and counties) levy significant taxes on cannabis in some form or other. These taxes usually accrue at the point of sale and are borne by the consumer. They are designed to raise prices, however, and place downward pressure on sales. For that reason, cannabis businesses tend to oppose them.
Still, I cannot emphasize enough that removal of § 280E would change the industry forever. Having worked with cannabis businesses for 13 years, I view taxation as the largest affront to marijuana businesses— more than banking access, intellectual property protection problems, lack of bankruptcy, you name it. This would be HUGE.
Fact 1: Marijuana rescheduling would give industry more leverage with investors
The cannabis industry is depressed and starved for capital. The last big investment spike came in on the COVID wave; since that point equity has been cheap and investors hold all the cards. With § 280E gone, many struggling cannabis outfits should begin producing better financial statements. The most efficient cannabis businesses would look sexy as all get-out.
Cannabis businesses also would have an easier time explaining their models, and we’d see fewer people scheming to do things like move to Puerto Rico or build these types of rats’ nests. It is also worth noting that U.S. small business lending has held up recently despite higher costs of credit. More of those available dollars could flow to cannabis businesses. They would have more value overnight (the pubcos already got a jolt), and should be able to generate financial statements on par with other industries.
Fact 2: Marijuana rescheduling wouldn’t fix the banking thing
The banking thing will not be fixed. At Schedule III, marijuana would still be a controlled substance and state-licensed businesses would still be “trafficking” in a controlled substance, contrary to federal law.
As someone who has advised many banks and credit unions on cannabis, including the federal government, I’m here to tell you that the analysis for financial institutions won’t fundamentally change. We need the perpetually stalled SAFE Banking Act or some other act of Congress to fix this, so long as cannabis remains on any CSA schedule. Even if marijuana is moved to Schedule III, cannabis businesses would be stuck with current options (which aren’t as bad as advertised.)
Fact 3: Marijuana would become easier to research, and subject to the morass of health care regulation (kind of)
These are probably two different facts. Oh well. Due to its Schedule I status, marijuana has always been incredibly difficult to research (see: How to Study Schedule I Controlled Substances). That paradigm changed a bit with passage of the Medical Marijuana and Cannabidiol Research Expansion Act last July, but a move to Schedule III would open the floodgates. Substances on lower schedules are simply more accessible from a DEA licensing perspective.
Related to this, the plant would “officially” have medical value if placed on Schedule III. That would be great and not so great. As a law firm with a substantial ketamine practice, for example, we’ve seen how the morass of health care regulation is brought to bear on controlled substances fit for medical use (ketamine is also a Schedule III drug). Granted, ketamine is an FDA approved drug, but the classification of a substance as something with medical value opens the door to any number of opportunities for medical application and attendant regulation.
The cannabis industry has always been worried about Big Pharma moving in. That fear has been somewhat irrational in my view, especially given the size and staying power of the non-pharmaceutical market. With a Schedule III placement, however, we would see more FDA drug development opportunities, which means more FDA drugs, which means off-label uses, etc. Expect to see a dual-track market for cannabis going forward, including an intensive regulatory structure.
Wrapping up on marijuana rescheduling
Again, really great news. In the absence of descheduling we’ll gladly take it. Keep your fingers crossed for a smooth and speedy process. In the meantime, we’ll continue to share thoughts and track this crucial development, as I’m certain we’ll have much more to say in coming weeks and months. For now, it’s time to celebrate!
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The Grinch Stole SAFE Banking from the Cannabis Industry This Christmas, Yet Again!
Published
2 hours agoon
December 22, 2024By
admin
The landscape of cannabis legislation in the United States has been a complex and evolving issue, particularly concerning banking regulations. As of December 2024, it has become official: the current Congress will not provide any protections for banks that serve state-legal marijuana businesses. This decision has significant implications for the cannabis industry, which continues to grow rapidly despite the lack of federal support. In this article, we will explore the reasons behind this decision, the implications for cannabis businesses, and the broader context of cannabis legalization in America.
The State of Cannabis Legalization
A Growing Industry
The cannabis industry has seen remarkable growth over the past decade. As of late 2024, 23 states and Washington D.C. have legalized recreational marijuana use, while 38 states allow medical marijuana. According to recent estimates, the legal cannabis market in the U.S. is projected to reach over $40 billion by 2025. This growth has been fueled by changing public perceptions of marijuana, increased advocacy for legalization, and significant tax revenues generated by state-legal cannabis sales.
The Banking Dilemma
Despite this rapid expansion, cannabis businesses face unique challenges, primarily due to their inability to access traditional banking services. Federal law classifies marijuana as a Schedule I controlled substance under the Controlled Substances Act. This classification creates a significant barrier for banks and financial institutions that wish to work with cannabis businesses, as they risk federal penalties for facilitating transactions related to an illegal substance.
As a result, many cannabis companies operate on a cash-only basis. This situation not only poses safety risks—such as increased theft and violence—but also limits these businesses’ ability to manage finances effectively, pay taxes electronically, and build credit histories.
Legislative Attempts at Reform
One of the most prominent legislative efforts aimed at addressing these banking issues is the Secure and Fair Enforcement (SAFE) Banking Act. First introduced in 2019, the SAFE Banking Act sought to provide protections for banks that serve legal cannabis businesses by preventing federal regulators from penalizing them for doing so.
The act garnered significant bipartisan support in both the House and Senate. In previous sessions of Congress, it passed multiple times in the House but faced hurdles in the Senate due to opposition from certain lawmakers who were concerned about broader implications of marijuana legalization.
In light of ongoing discussions about federal spending and budgetary priorities, advocates had hoped that some version of the SAFE Banking Act would be included in recent spending bills. However, during negotiations leading up to December 2024, a House committee led by Republicans removed any provisions related to marijuana banking protections from key spending legislation.
This decision reflects a broader trend within Congress where discussions around cannabis reform have become increasingly contentious. While there is still bipartisan support for certain aspects of cannabis legislation—particularly when it comes to medical use—more comprehensive reforms like banking protections have struggled to gain traction.
Implications for Cannabis Businesses
Continued Cash-Only Operations
The removal of banking protections means that many cannabis businesses will continue to operate primarily on a cash basis. This situation presents several challenges:
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Safety Risks: Cash-only operations make cannabis dispensaries and cultivation facilities prime targets for theft and robber Employees often have to handle large amounts of cash daily, increasing their risk of violence.
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Operational Inefficiencies: Without access to banking services, businesses cannot easily manage payroll or pay bills electronically. This inefficiency can lead to operational delays and increased costs.
Impact on Public Safety
Advocates argue that providing banking access would enhance public safety by reducing the amount of cash circulating within the community. By allowing cannabis businesses to deposit their earnings into banks, it would minimize the risks associated with cash transactions, making both employees and customers safer.
Moreover, having a transparent financial system would help law enforcement track illicit activities more effectively. Currently, without proper banking oversight, there are concerns that some cash-only operations may be involved in money laundering or other illegal activities.
Politics and Public Opinion
Changing Attitudes Toward Cannabis
Public opinion on marijuana legalization has shifted dramatically over recent years. According to various polls, a significant majority of Americans now support legalizing marijuana for both medical and recreational use. This shift has put pressure on lawmakers to address outdated federal policies regarding cannabis.
Despite this growing acceptance among the public, political divisions remain strong within Congress regarding how best to approach cannabis reform. Some lawmakers advocate for full legalization at the federal level, while others prefer a more cautious approach that prioritizes regulation over outright legalization.
The Role of Advocacy Groups
Advocacy groups play a crucial role in pushing for legislative change regarding cannabis banking protections. Organizations such as the National Cannabis Industry Association (NCIA) and Americans for Safe Access (ASA) have been vocal proponents of reforming banking laws to support state-legal cannabis businesses.
These groups have mobilized public support through campaigns highlighting the safety risks associated with cash-only operations and advocating for policies that promote financial inclusion for cannabis entrepreneurs.
Future Prospects for Cannabis Banking Reform
While current congressional efforts have stalled regarding marijuana banking protections, there are still potential avenues for reform:
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Incremental Reforms: Rather than pursuing comprehensive federal legislation like the SAFE Banking Act all at once, lawmakers may consider incremental reforms that address specific issues related to banking access without fully legalizing marijuana at the federal level.
The Role of Public Awareness
As public awareness about the challenges faced by cannabis businesses grows, there may be increased pressure on lawmakers to act decisively on this issue. Continued advocacy efforts can help ensure that banking reform remains a priority on Congress’s agenda.
Conclusion
The decision by Congress not to include marijuana banking protections in its current spending bill underscores ongoing tensions surrounding cannabis legislation in America. While public opinion increasingly favors legalization and reform, political divisions continue to hinder progress on critical issues such as banking access for state-legal marijuana businesses.
As the industry continues to grow despite these challenges, stakeholders must remain vigilant in advocating for change while exploring alternative solutions at both state and federal levels. The future of cannabis banking reform remains uncertain; however, with continued advocacy and public support, there is hope that meaningful progress can be made in addressing these pressing issues facing one of America’s fastest-growing industries.
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Cannabis News
HHC vs. Delta 9: Differences & Similarities
Published
2 days agoon
December 20, 2024By
admin
Cannabis has so many compounds, and two that have been making the rounds lately are HHC and Delta 9 THC. They’re not the same thing, even though they’re both cannabinoids that interact with the body’s endocannabinoid system. Some people want a mild, steady experience, while others might be looking for something more intense. Understanding these two can help you figure out what’s right for you.
What Is HHC?
HHC, short for hexahydrocannabinol, is a hydrogenated version of THC. It’s not something you’d find naturally in large amounts in cannabis plants. Instead, it’s made through a process that adds hydrogen molecules to THC. The result? A more stable compound that’s less prone to breaking down when exposed to heat or UV light.
How HHC Is Made
Think of it like a science experiment. HHC is usually created in a lab by taking Delta 9 or Delta 8 THC and using hydrogenation—basically, combining it with hydrogen under pressure and in the presence of a catalyst. This process changes its structure while keeping its effects somewhat similar to THC.
Common Uses and Effects of HHC
People who use HHC say it’s somewhere between Delta 8 and Delta 9 in terms of effects. It’s often described as relaxing but without being overly sedative. You might feel a light buzz, reduced stress, or mild euphoria. Some even claim it helps with discomfort or improving sleep, but solid research is still catching up. Since it’s less potent than Delta 9, it’s often favored by those who want a manageable experience without the strong psychoactive punch.
If you’re interested in trying HHC and Delta 9 for yourself, check out their wide range of products at trycandycloud.com. They’ve got everything from gummies to disposable vapes, all crafted for a smooth experience.
What Is Delta 9 THC?
Delta 9 THC is the main psychoactive compound in cannabis. It’s the reason you feel “high” when you use weed. Chemically speaking, Delta 9 has a double bond in its ninth carbon chain, which plays a big role in how it interacts with your brain.
Natural Occurrence in Cannabis
This one is straightforward: Delta 9 is found in high concentrations in marijuana plants. It’s what most people think of when they hear “THC.” Unlike HHC, there’s no need for a lab process—it’s already there. Hemp plants, however, contain much lower levels of Delta 9 THC, which is why it’s primarily extracted from marijuana.
Common Uses and Effects of Delta 9 THC
The effects of Delta 9 are well-documented. Depending on the dose, you might feel euphoria, increased appetite, or deep relaxation. For medical users, it’s often used to manage chronic pain, nausea, and other conditions. It’s also been studied for its potential benefits in anxiety relief, though higher doses might have the opposite effect, causing paranoia. Delta 9 THC is versatile, but it’s not without its risks, particularly for new users or those sensitive to its psychoactive effects.
Key Differences Between HHC and Delta 9 THC
Chemical Structure and Composition
The main difference is in their structure. Delta 9 THC has that iconic double bond, while HHC’s hydrogenation makes it more stable. This difference might not mean much to the average person, but it’s why HHC is less likely to degrade over time.
Potency Levels
Delta 9 THC is generally more potent. HHC might require a higher dose to get a comparable effect, but some people prefer its lighter touch. Potency differences can also depend on the method of consumption, with edibles typically providing a stronger, longer-lasting effect compared to vaping or smoking.
Duration of Effects
Both last a few hours, but some users report that HHC’s effects fade more gradually. Delta 9, on the other hand, can have a sharper comedown. HHC’s gradual fade makes it appealing for those who want a smooth end to their experience.
Benefits and Drawbacks of HHC and Delta 9 THC
HHC: Pros and Cons
Pros:
- More stable, so it lasts longer on the shelf.
- Effects are milder, making it less overwhelming for beginners.
- Can be a functional option for daytime use.
Cons:
- Limited research, so we don’t know its full impact yet.
- Availability can be hit or miss depending on where you live.
- Legal gray area in many regions.
Delta 9 THC: Pros and Cons
Pros:
- Well-studied with established medical uses.
- Widely available in areas where cannabis is legal.
- Stronger effects make it ideal for experienced users or those with high tolerance.
Cons:
- Higher chance of side effects like anxiety.
- More likely to show up on drug tests.
- Shorter shelf life compared to HHC.
Frequently Asked Questions (FAQ)
Q. Is HHC safer than Delta 9 THC?
Not enough research exists to say definitively, but HHC’s milder effects might make it feel safer to some users.
Q. Will HHC or Delta 9 THC show up on a drug test?
Yes, both can potentially show up on a drug test, so use with caution if that’s a concern.
Q. Which one is better for recreational use?
That depends on your preferences. HHC is great for a mellow time, while Delta 9 is better if you’re looking for something more intense.
HHC vs. Delta 9: Choosing the Right One for You
The choice comes down to what you’re after. If you want a milder, more laid-back experience, HHC might be a good option. On the other hand, if you’re looking for something stronger or need it for medical reasons, Delta 9 is the way to go. It also depends on what’s legal and available where you are. And always consider your tolerance levels and experience before diving in. If you’re unsure, consult with a knowledgeable dispensary staff.
Resources:
Cannabis News
What Federally Illegal Drug Has Created Almost $10 Billion in Sales Tax Revenue for States in the Last 40 Months?
Published
2 days agoon
December 20, 2024By
admin
In a significant development for the burgeoning cannabis industry, the U.S. Census Bureau has reported that states across the nation have collectively amassed over **$9.7 billion** in tax revenue from marijuana sales since mid-2021. This figure underscores the economic impact of legalized cannabis and highlights the growing acceptance of marijuana as both a recreational and medicinal substance in various states. As more states move toward legalization, the financial implications both positive and negative are becoming increasingly evident.
The Landscape of Cannabis Legalization
The journey toward cannabis legalization in the United States has been long and complex. Initially criminalized in the early 20th century, cannabis began to regain acceptance in the late 20th century, particularly for medical use. The first state to legalize medical marijuana was California in 1996, setting a precedent that many states would follow.
By 2012, Colorado and Washington became the first states to legalize recreational cannabis, paving the way for a wave of legalization efforts across the country. As of now, more than 20 states have legalized recreational marijuana, while over 30 states allow medical use. This shift reflects changing public attitudes toward cannabis and recognition of its potential benefits.
Economic Implications of Legalization
The legalization of cannabis has not only transformed social norms but has also created a substantial economic impact. States that have embraced legalization have seen significant increases in tax revenue, job creation, and investment opportunities.
According to the latest Census Bureau report, states like California, Colorado, Illinois, and Michigan have emerged as leaders in cannabis tax revenue generation. These states have implemented various tax structures on marijuana sales, including excise taxes, sales taxes, and local taxes. The revenue generated is often earmarked for essential public services such as education, healthcare, infrastructure improvements, and drug rehabilitation programs.
Breakdown of Tax Revenue by State
As the largest legal cannabis market in the United States, California has been at the forefront of marijuana tax revenue generation. Since mid-2021, California has contributed approximately $2.5 billion to state coffers from cannabis taxes. This revenue is derived from both recreational and medical marijuana sales.
California’s tax structure includes a 15% excise tax on retail sales, along with local taxes that can vary significantly by city and county. The state has allocated a portion of these funds to various programs aimed at addressing issues related to drug abuse and public health.
Colorado was one of the pioneers in cannabis legalization and continues to serve as a model for other states. Since mid-2021, Colorado has generated around $1.8 billion in tax revenue from marijuana sales. The state imposes a 15% excise tax on wholesale marijuana transactions and a 2.9% sales tax on retail sales.
The revenue generated from cannabis taxes has been instrumental in funding education initiatives through the Public School Fund, as well as supporting mental health programs and substance abuse treatment services.
Illinois has seen remarkable growth in its cannabis market since legalizing recreational use in January 2020. In just two years, Illinois has collected approximately $1 billion in tax revenue from marijuana sales. The state imposes a tiered excise tax based on the potency of the product, ranging from 10% to 25%.
The funds collected are allocated to various initiatives, including community reinvestment programs aimed at addressing social equity issues related to past drug enforcement practices.
Michigan’s cannabis market has also flourished since legalization. Since mid-2021, Michigan has generated about $700 million in tax revenue from marijuana sales. The state’s tax structure includes a 10% excise tax on recreational marijuana and a 6% sales tax.
The revenue is utilized for various purposes, including education funding and support for local governments impacted by legalization.
Broader Economic Impact
The legalization of cannabis has led to significant job creation across various sectors. According to industry reports, the legal cannabis market supports hundreds of thousands of jobs nationwide—from cultivation and processing to retail and distribution. As more states legalize marijuana, this trend is expected to continue.
With the growth of the legal cannabis industry comes increased investment opportunities. Entrepreneurs are entering the market at an unprecedented rate, leading to innovations in product development, marketing strategies, and distribution channels. This influx of investment not only benefits individual businesses but also stimulates local economies.
Social Equity Considerations
While the financial benefits of cannabis legalization are clear, it is essential to address social equity issues that arise alongside this new industry. Many states have recognized that communities disproportionately affected by past drug enforcement policies should benefit from legalization efforts.
States like Illinois have implemented community reinvestment programs that allocate a portion of cannabis tax revenues to support communities impacted by previous drug laws. These funds can be used for education initiatives, job training programs, and mental health services—aiming to rectify historical injustices associated with cannabis prohibition.
In addition to financial support for communities affected by past policies, some states are also working to create equitable licensing opportunities for individuals from those communities. By prioritizing applications from minority-owned businesses or those directly impacted by previous drug laws, states can foster a more inclusive cannabis industry.
Challenges Ahead
Despite the significant progress made through legalization efforts, challenges remain on both state and federal levels.
Federal Legalization Uncertainty
One major hurdle is the ongoing conflict between state and federal laws regarding cannabis. While many states have legalized marijuana for recreational or medical use, it remains classified as a Schedule I substance under federal law. This discrepancy creates complications for businesses operating legally at the state level but facing potential federal prosecution.
Efforts toward federal legalization or decriminalization have gained traction recently; however, progress remains slow due to political divisions and differing opinions on drug policy reform.
Regulatory Hurdles
As more states enter the legal cannabis market, regulatory frameworks must evolve to ensure consumer safety while promoting fair competition among businesses. States face challenges related to product testing standards, labeling requirements, advertising restrictions, and taxation policies that can impact market dynamics.
Conclusion
The U.S. Census Bureau reports that states have collected over $9.7 billion in marijuana tax revenue since mid-2021, highlighting the significant economic impact of cannabis legalization. As public acceptance grows, more states are likely to pursue legalization. Despite ongoing challenges, including federal regulations and social equity issues, legalized cannabis is poised to remain a vital part of state economies. Collaboration among government officials, business leaders, and community advocates will be essential for fostering an equitable and sustainable cannabis industry. This evolving landscape not only presents economic growth opportunities but also addresses historical injustices tied to drug policy enforcement, shaping the future of cannabis legislation in the U.S.
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