Two hemp companies have filed federal lawsuits challenging the Drug Enforcement Administration’s move to classify hemp-derived hexahydrocannabinol (HHC) as a Schedule I controlled substance. The lawsuits can be found here and here (PDFs). IHC Investments, Inc., and Bluestar Operations, LLC, filed separate petitions for review of final agency action against the DEA, DEA Administrator Terrance …
Category: Cannabis Legal & Courts
Updates on cannabis-related court rulings, lawsuits, attorney general actions, expungement efforts and other major legal developments.
DEA’s Marijuana Rescheduling Process Faces New Legal Questions After Supreme Court Ruling, Finds Legal Analysis
A new legal analysis argues that the Drug Enforcement Administration’s current approach to Controlled Substances Act scheduling procedures may be on shakier ground following the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. The report was provided to The Marijuana Herald prior to official publication. The paper, titled The Opportunity to be Heard: …
Federal Judge Rejects Curaleaf Bid to Immediately Halt New Jersey Marijuana Labor Peace Agreement Requirement, But Says Broader Challenge Is Likely to Succeed
Judge Michael A. Shipp of the U.S. District Court for the District of New Jersey has denied Curaleaf’s request for a preliminary injunction against a state law requiring most licensed marijuana businesses to maintain labor peace agreements with unions as an ongoing condition of licensure, finding that the company had not shown the immediate, irreparable …
Mammoth Farms Files Class Action Lawsuit Against Colorado Over Marijuana Excise Tax Formula
Mammoth Farms has filed a class action lawsuit against the Colorado Department of Revenue and the Marijuana Enforcement Division, alleging state regulators have unlawfully inflated the tax base for certain marijuana products by blending distinct product categories when calculating the state’s average market rate. The lawsuit, filed in Denver District Court, names the Colorado Department …
Virginia Marijuana Resentencing Bill Expected to Be Signed Into Law Today
According to multiple advocates and lawmakers who worked on the proposal, Virginia Governor Abigail Spanberger is expected to sign Senate Bill 62 into law today, creating a process for courts to revisit certain felony marijuana sentences tied to conduct that occurred before the state legalized possession. The legislation, filed by State Senator Louise Lucas (D), …
New Jersey Appeals Court Rules Police Officers Can’t Be Fired for Off-Duty Marijuana Use
A New Jersey appellate court has ruled that police officers cannot be fired solely for using marijuana while off duty, rejecting Jersey City’s argument that federal firearms law bars officers who consume cannabis from carrying department-issued weapons. The Superior Court of New Jersey, Appellate Division, issued the decision in Patten v. Jersey City Police Department, …
Texas Supreme Court Clears Way for State to Ban Delta-8 THC Products
The Texas Supreme Court has cleared the way for Texas health officials to ban manufactured delta-8 THC products, reversing lower court rulings that had blocked the state from enforcing its controlled substance designation. In a ruling issued today, the court sided largely with the Texas Department of State Health Services and Commissioner Jennifer A. Shuford, …
DEA Final Rule Gives Hexahydrocannabinol (HHC) Its Own Schedule I Listing and Drug Code
The Drug Enforcement Administration (DEA) is moving to give hexahydrocannabinol, commonly known as HHC, its own specific listing under Schedule I of the federal Controlled Substances Act, while emphasizing that the substance is already federally controlled. The final rule, scheduled for publication Monday in the Federal Register, establishes a separate listing and DEA Controlled Substances …
Oklahoma Judge Restores License for Major Medical Marijuana Grower
A major Oklahoma medical marijuana grower has regained its license after a state judge rejected regulators’ attempt to keep the business suspended. Cedric Gardens, one of the state’s largest licensed cultivators, was allowed to resume operations Monday after successfully challenging an emergency suspension issued by the Oklahoma Medical Marijuana Authority in February. The agency had …
New Legal Paper Argues Marijuana Rescheduling Could End IRS Code 280E Enforcement, Including Past Tax Liabilities
A new legal paper being published in the Oklahoma Law Review, shared with The Marijuana Herald ahead of print, argues that if cannabis is moved to Schedule III, the federal government may lose the authority to enforce IRS Code 280E. The paper was sent to The Marijuana Herald by University of Oklahoma law student Anthony …
