Federal Efforts to Relax, Just a Little Bit, About Marij(h)uana

Former Attorney General Jeff Sessions was famous for (among other things) his heavy opposition to marijuana legalization. His approach flew in the face of the dozens of states that have legalized medical and/or adult use marijuana, and seemed like it was leading toward a Wild West-style showdown. But Jeff Sessions is gone now, that excitement has dwindled for the time being, and Congress is even trying to take a baby step toward aligning federal law with legalization at the state level. 

The STATES (Strengthening the Tenth Amendment Through Entrusting States) Act is old news at this point, but it could be important and this is a new blog, so I’m going to briefly write about it anyway. This bill, currently before Congress, states that enforcement of the federal prohibition on marijuana “shall not apply to any person acting in compliance with State law relating to manufacture, production, possession, distribution, dispensation, administration, or delivery of marihuana.” (Side note: What’s up with the feds spelling "marijuana" with an "h"? If you know, please tell us!) 

The STATES Act is bipartisan, with co-sponsors including Senator Cory Gardner (R – Colorado) and Senator Elizabeth Warren (D – Massachusetts). And, in perhaps the most controversial moment of his short tenure as Attorney General, Bill Barr has offered at least tepid support for the legislation. So stay tuned.

Welcome to Our Blog (and, What We’re All About)

Welcome to the Cannabis Law and Policy Update! You can expect updates and commentary on a potpourri of marijuana and hemp happenings at the state and federal level. We will be primarily focused on the law (since we’re lawyers), but in the broadest sense. Think everything from court decisions to legislation to regulation to enforcement, with our reactions and some practical advice sprinkled throughout.

At the moment, every week seems to bring some significant development in the world of cannabis law and policy. Maine’s rulemaking process for adult use marijuana is heating up, which means that a (legal) adult use industry is just around the corner; the legality of hemp and CBD is a complete rollercoaster ride; the Legislature is continuing to fix and tinker with Maine’s medical and adult use marijuana laws; and the feds remain curmudgeons all around. We’ll be hitting on specific angles in this arena all the time, so check back frequently and subscribe.