Cannabis

Governor Evers takes another swing at legalizing marijuana in Wisconsin. Companion bills AB50 and SB45 would create several avenues to legally obtain marijuana, including through an adult-use market, a medical program, and home grow opportunities.

In the 2025-27 proposed Wisconsin state budget, Governor Evers takes another swing at legalizing marijuana. Companion bills AB50 and SB45 (“Bills”) detail what legalization could look like in the state.

The Bills would create several avenues to legally obtain marijuana, including through an adult-use
Continue Reading Marijuana Legalization Proposed Again in Wisconsin: Considerations and Potential Opportunities

With the recent legalization of recreational (or “adult-use”) cannabis in Ohio and sales becoming legal effective August 6, 2024, the burgeoning industry is met with a mix of excitement and regulatory challenges. As new cannabis businesses emerge, it is crucial to effectively navigate the complex landscape of advertising and marketing within the state.
Continue Reading Essential Considerations for Advertising and Marketing in Ohio's Cannabis
Industry

The U.S. Drug Enforcement Administration’s (DEA) recent recommendation to reschedule marijuana (cannabis) from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA has received praise and criticism on both sides of the aisle and among those in between. The strong likelihood that the DEA’s recommendation will become reality prompts us to consider what is down the pike as a result of this rescheduling, especially for state-legal cannabis businesses. Of particular interest will be the
Continue Reading Economic Opportunities For Cannabis Businesses May Expand Following
Rescheduling

Posted on June 13, 2024 in Drug Crimes
Criminal offenses related to controlled substances are taken very seriously in Wisconsin. Drug-related charges can have severe consequences, even in situations involving simple possession of certain types of drugs. However, when a charge is elevated from simple possession to possession with intent to distribute, the penalties become even more serious.

Understanding why you might be charged with one crime and not another, and what could happen if you are convicted of
Continue Reading What Is Drug Possession With Intent in Wisconsin?

The U.S. Drug Enforcement Administration has announced its intention to reschedule cannabis from a Schedule I to a Schedule III drug, marking a significant shift in federal drug policy. This move, prompted by the Biden Administration’s review and supported by various governmental agencies, could reshape how cannabis is treated in the eyes of the law, potentially easing business operations, expanding access to traditional banking services, and fostering medical research.
Continue Reading A Major Step Towards Reform: The DEA Recommends Rescheduling Cannabis

In October of 2022, the Biden Administration started an official cannabis policy review process, which began with granting pardons to all people convicted of simple cannabis possession under federal law. At the time, this was considered to be the most extensive White House action taken to date on federal drug policy in quite some time. Over the last year, the process shifted to the review of cannabis policy by certain critical governmental agencies, including the Food & Drug Administration
Continue Reading Historic Cannabis Rescheduling on the Horizon? It's Up to the DEA Now

Earlier this summer, the Food & Drug Administration (FDA) issued draft guidance for those researching the use of psychedelics to treat certain serious medical conditions including major depressive disorder, PTSD, and substance use disorders. This is the very first time the FDA has provided guidance to the ever growing list of entities conducting research on these controlled substances for the purpose of setting up clinical trials. 
Continue Reading FDA Issues First Ever Guidance for Research of Psychedelics

Earlier this month, the U.S. Senate Banking Committee met to discuss the SAFE Banking Act, a critical piece of proposed legislation that would make it easier for the cannabis industry to secure and utilize much needed banking services. Overall, the fact that the Act has warranted extensive discussion by legislators is promising, but passage of the Act as currently styled still seems relatively far off. The meeting, which was entitled “Examining Cannabis Banking Challenges of Small Businesses and Workers,”
Continue Reading Movement on the SAFE Banking Act? The Senate is Talking the Talk, but Not
Ready to Walk the Walk

Last week, La Shawn K. Ford, a Democratic member of the Illinois House of Representatives, introduced the Compassionate Use and Research of Entheogens Act, or CURE Act, as the very first bill during the opening session of Illinois 103rd General Assembly. Entheogen is a term used to describe a psychoactive, hallucinogenic substance or preparation (such as psilocybin, the active component in so called “magic mushrooms”) especially when derived from plants or fungi and used in religious, spiritual, or ritualistic contexts.
Continue Reading Illinois Lawmaker Introduces Legislation to Legalize Psychedelic Therapy
Programs

Last month, the Illinois Department of Finance and Professional Regulation (IDFPR), announced that it would begin accepting applications for 55 new adult-use cannabis retail licenses after January 30, 2023. The IDFPR, the governmental entity tasked with regulating the recreational cannabis dispensaries in Illinois, has issued guidelines for what is being called the Social Equity Criterial Lottery. In order to be issued a conditional license pursuant to this application and lottery process, an applicant must be able to establish that
Continue Reading Illinois Set to Roll out New Cannabis Retail License Applications and
Lottery in Early 2023

Last Thursday, November 10, 2022, a court-appointed receiver threw the City of Chester, Pennsylvania into bankruptcy. At its most basic, a chapter 9 bankruptcy case is a rarely used provision of the Bankruptcy Code which is designed to protect a financially-distressed municipality from its creditors while it develops a plan to repay them. While chapter 9 filings are currently relatively rare, the combustible mix of the current state of the economy and this case filing could be a portent
Continue Reading Could a Small Town in Pennsylvania Force Congress to Deschedule Cannabis?

Do you have employees in the Viking state? If so, keep reading!  On July 1, 2022, Minnesota adopted a new law legalizing the sale, purchase, and consumption of edible cannabinoid products to people aged 21 and over. The law legalized the use of edible cannabinoid products made from substances extracted from certified hemp plants.  The product can contain no more than 0.3% of any hemp-derived THC and no more than five milligrams of THC per serving (or more than
Continue Reading Minnesota Latest State to Legalize THC Products

As everyone is likely aware, marijuana has been legalized in several states across the country. In some states, it is legalized for medicinal purposes, while other states have legalized recreational use.  Recently, our neighbor to the south, Illinois, has legalized marijuana for both medicinal and recreational use.  Even with a new dispensary a few miles from the Wisconsin border, that does not mean it is legal for Wisconsin residents.

Marijuana legalization in Illinois does not mean it can be
Continue Reading What Wisconsinites Need to Know About Marijuana Legalization in Neighboring States

Presently, 36 states have legalized medical marijuana and 15 have legalized full adult (i.e., recreational) use.  It is anticipated five more will be added to that column in 2021.  Three of the four states contiguous to Wisconsin have either medical marijuana (Minnesota) or both medical and adult-use (Illinois and Michigan).  So what’s in store for the Badger state?

Governor Evers recently announced that he intends to include provisions for both medical and adult-use marijuana in his upcoming budget as
Continue Reading Is Marijuana Reform Coming to Wisconsin?

On October 15, 2020, the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announced its decision to postpone the transition of Wisconsin’s Hemp Pilot Research Program to the permanent Wisconsin State Hemp Plan.

The permanent Wisconsin State Hemp Plan is more restrictive than the current Pilot Research Program. For example, in order to recoup some of their costs, the Pilot Research Program allows hemp farmers to sell plant stalks or other components even if their flowers test above
Continue Reading Wisconsin Hemp Pilot Program Granted Year-Long Extension