Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see lawsuits filed to block cannabis rescheduling. Minnesota is taking steps to overhaul their cannabis industry. Some members of Congress would like guidance on the tax implications of rescheduling. And finally, Ultimate Frisbee has an official THC brand.

Continue Reading The Week in Weed: June 5, 2026

In a significant and unprecedented ruling, the New Jersey Appellate Division held in Sanders v. The Levari Group, LLC that job applicants may sue prospective employers under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”). Unless and until the State Supreme Court weighs in, the Sanders decision transforms CREAMMA from a largely regulatory statute into a direct source of civil liability—placing pre-employment drug testing and hiring practices squarely in the litigation crosshairs.

Continue Reading New Jersey Opens the Door to Cannabis Hiring Litigation: Appellate Division Recognizes Private Right of Action Under CREAMMA

On April 22, 2026, the U.S. Department of Justice (DOJ) issued a final order reclassifying certain marijuana-related products under the Controlled Substances Act (CSA). The order places (1) FDA-approved marijuana-derived drug products and (2) marijuana produced and dispensed pursuant to state medical marijuana licensing programs into Schedule III.

At the same time, the DOJ directed the Drug Enforcement Administration (DEA) to conduct a formal administrative hearing, beginning June 29, 2026, to consider whether marijuana more broadly should be rescheduled.

Although this development reflects a meaningful shift in federal policy, it does not legalize marijuana at the federal level. Instead, it introduces a more complex regulatory environment with important—and evolving—implications for employers.

Continue Reading Legal Update: A Dual Framework Emerges: Marijuana’s Schedule III Reclassification and the Road Ahead for Employers

Welcome back to the Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we find out Virginia Governor Spanberger’s reasons for vetoing the retail cannabis market bill. A hemp lawsuit brought by Smart Approaches to Marijuana has been dismissed. The Drug Enforcement Administration will hold a hearing on rescheduling next month. And finally, Cannabis Empowerment Week is coming up soon!

Continue Reading The Week in Weed: May 29, 2026

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the big news is coming out of Virginia, where there will not be a retail cannabis market. Meanwhile, the Transportation Security Administration will now allow medical marijuana on airplanes – maybe. The House Appropriations Committee has removed funding to reschedule cannabis. And finally, the Grand Ole Opry now has an official THC beverage.

Continue Reading The Week in Weed: May 22 , 2026

In an update perhaps better suited for April 20, on April 27, the Transportation Security Administration (“TSA”) added medical marijuana to the list of items permitted to be included both in carry on and checked baggage on flights.  The policy notes that the permission is subject to “special instructions” which are not provided and that, as is common with TSA policies on permitted items, the final decision on allowing a given item rests with the TSA officer.  Consistent with prior policy, the policy further notes that while the TSA does not actively search for illegal drugs, should a TSA officer find evidence of illegal activity they will refer the matter to law enforcement, but the prior policy previously mentioned “marijuana or other illegal drugs”.  The policy follows the reclassification of FDA-approved marijuana and state-licensed medical marijuana from Schedule I to Schedule III by Acting U.S. Attorney General Todd Blanche on April 23.  Adult use, or recreational marijuana remains on Schedule I, and the TSA policy does not offer guidance to TSA officers as to how to distinguish medical marijuana from adult use marijuana absent a medical recommendation or medical card.  The new TSA policy may be found here:  Medical Marijuana | Transportation Security Administration.

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we have signature-gathering news from Idaho. The Congressional Research Service issued a new report on rescheduling. The White House drug czar has a good reminder about marijuana’s legal status. And finally, the DC cannabis scene is livelier than you might expect.

Continue Reading The Week in Weed: May 15, 2026

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the DEA has set up a website for medical marijuana applications. The IRS plans to offer tax guidance for state-legal medical cannabis companies. Various states are reacting to rescheduling. And finally, Gavin Newsom has some advice for the President.

Continue Reading The Week in Weed: May 1, 2026

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Obviously, the big news this week is federal rescheduling. But that’s not all! We have an update on the situation in Virginia, where apparently, elections have fewer consequences than one might have thought. Meanwhile, on Capitol Hill, two Senators that don’t agree on much would like to give states a way to opt out of a federal hemp ban. And finally, should 4/20 be a national holiday?

Continue Reading The Week in Weed: April 24, 2026

Whether it was Roger Stone or Donald Trump who finally lit a fire under the Drug Enforcement Administration (DEA) to move cannabis from Schedule I to Schedule III, it’s finally happening. See the Department of Justice (DOJ) press release here.

The move from I to III will happen in stages. First to go will be state-legal medical marijuana and any cannabis products already approved by the Food and Drug Administration (FDA). A broader rescheduling is set for consideration in late June.

So what does this mean? Several things:

  1. Cannabis will NOT be legal under federal law.
  2. More research will be legal under federal law, which is good news for the sponsors of the Higher Education Marijuana Research Act.
  3. State-licensed cannabis businesses will be allowed to take federal tax deductions currently barred by IRC Section 280E.

Rest assured, there will be lots more news on this topic in the weeks and months ahead.