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At the federal level in the United States, cannabis use, possession, and sale generally remain unlawful. At the state level, however, U.S. jurisdictions have divided over the status of cannabis and cannabis products. In many states, any cannabis use, possession, or sale is still unlawful. In a growing number of other states, however, cannabis use has been decriminalized. And in an insurgent number of states, the drug is now legal for certain medical uses; in other states, the drug is legal for recreational use, including sale to adult consumers. The changing status of cannabis has created an interesting legal landscape. Many aspects of the current landscape are discussed here.

Articles

Possible Issues at the State and Local Level

10/24/2019 |

So long as federal law deems the use and sale of cannabis unlawful, the states and their localities will likely remain the prime regulatory forces in the industry. Indeed, absent federal intervention by an agency such as the FDA, it is likely that regulation of cannabis products on an array of issues, such as labeling […]

The Federal Question

10/18/2019 |

As discussed on this blog, cannabis remains unlawful under federal law. This has had a significant impact on the establishment of legitimate cannabis industry, even in those states where the drug’s use and sale is legal under state law. One major stumbling block effected by federal law is that money derived from cannabis sales typically […]

Background on the Federal System, Early Adopters, and Lessons Learned

10/15/2019 |

In those states where cannabis generally remains unlawful, state law might correspond exactly with federal law, which (pursuant to the Controlled Substances Act), technically provides that the sale, possession, and use of the drug are serious crimes. Indeed, cannabis is a “Schedule I” drug under the CSA, which means it is considered to have no […]

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