2024 was a banner year for cannabis lawmakers and business operators. From Kamala Harris advocating for marijuana reforms to California’s clash of titans between hemp and marijuana markets, there was no shortage of drama in the cannabis industry. Vice President Harris vocally championed marijuana legalization on various platforms, emphasizing its importance for social justice. Meanwhile, California’s hemp regulations sparked controversy in an already thriving marijuana market. Political figures and states continually reshaped the cannabis landscape. Even rapper Fat Joe met with the White House on cannabis reform… In this continually evolving industry, here’s a deep dive into the top 10 cannabis stories that made waves in 2024.
1. Does Kamala Harris Support Marijuana Legalization? Squaring Words with Actions in an Evolving Political Environment
As she did just prior to becoming the Democratic Party nominee for president, Vice President Kamala Harris has announced her support for legalizing adult-use marijuana use at the federal level. Just to remind you of the interesting times we are living in, the veep did so during a guest appearance on the sports podcast “All the Smoke.”
“I just think we have come to a point where we have to understand that we need to legalize it and stop criminalizing this behavior,” Harris said. Harris made a point to argue that her support of legalization was not new, saying that “I have felt for a long time we need to legalize it.”
I have no evidence or specific reason to believe that Harris doesn’t mean what she says, and her words should come as welcome news to advocates of adult-use marijuana. But as we consider the ferocity and motivation behind her position, I do think it’s worth noting (1) her reasons for supporting marijuana reform and (2) her prior statements and actions regarding marijuana.
2. California Bans Most Hemp Products and Illuminates Battle Between Hemp and Marijuana Businesses
What if I told you that California of all places – where virtually any adult can purchase marijuana on demand – was trying to harsh the mellow of citizens trying to access certain hemp-derived products? On the next 30 for 30, “California Schemin’.”
Welcome to the next front of the battle between marijuana and hemp.
California Gov. Gavin Newsom recently announced “emergency” regulations that would ban products derived from industrial hemp that contain any intoxicating cannabinoids and set an minimum age of 21 years old to purchase hemp products.
3. Veep Urges DEA to Reschedule Marijuana “As Quickly as Possible”
In case you missed it, Fat Joe visited the White House late last week to discuss federal marijuana policy. 2024, man.
During a roundtable discussion with Mr. Joe (?), Kentucky Gov. Andy Beshear, and several individuals who have received pardons from President Joe Biden for prior federal marijuana convictions, Vice President Kamala Harris “urged the Drug Enforcement Administration to work as quickly as possible on its review of whether to reschedule marijuana as a less-dangerous drug.”
The vice president, in direct terms, stated that it was “absurd” and “patently unfair” to keep the drug in the same highly restrictive tier as heroin and fentanyl. “Nobody should have to go to jail for smoking weed,” Harris said, according to NPR, framing the issue of marijuana reform as a criminal justice issue that disproportionately hurts Black and Latino men.
As to timing, Harris reportedly said: “I cannot emphasize enough that they need to get to it as quickly as possible, and we need to have a resolution based on their findings and their assessment.”
4. Trump Expresses Support for Marijuana Reform, Coy on Psychedelics
Cannabis consumers can be forgiven for feeling the need for a more liberal cannabis policy as they weather this seemingly unending campaign cycle.
Republican presidential candidate Donald Trump recently made clear how he would be voting personally on the legalization of the recreational use of marijuana. Posting on Truth Social, Trump stated:
As a Floridian, I will be voting YES on Amendment 3 this November.
Amendment 3 would allow “adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption.” It would also allow medical marijuana treatment centers, as well as other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Amendment 3 would also establish possession limits for personal use – allowing possession of up to 3 ounces and up to an additional 5 grams of concentrate.
5. Will Hemp Save the World, Before the Government Kills It?
There is a great line in the wonderful film Charlie Wilson’s War, where Charlie Wilson (played remarkably by the inimitable Tom Hanks) describes the successful, if relatively covert, involvement of the United States government in the Soviet-Afghan War: “These things happened. They were glorious and they changed the world… and then we f***d up the endgame.”
With the next Farm Bill somewhere on the horizon, I believe we are approaching a similar moment for the future of hemp. I believe the future of hemp is glorious and that it can change the world. What will we do to the endgame?
This is an analysis about the current state of hemp and whether that industry will revolutionize the world before the government relegates it back to the ash heap of history. It just so happens to dovetail with my personal experience representing clients in connection with the hemp business.
6. Federal Appeals Court: Pay That Man His Money, Unless That Money Is Illegal Marijuana Money
Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law.
A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to an ex-business partner, but it raised questions about whether the money used to repay the debt could violate federal marijuana laws.
What does this mean for a cannabis operator and potential investors?
7. DEA Reschedules Rescheduling, and I’m Feeling a Little Like Charlie Brown Trying to Kick the Football
No, it’s not (just) a cruel play on words. Last week, the Drug Enforcement Administration announced that a much-anticipated public hearing on the proposal to reschedule marijuana would be moved from early December until the first quarter of 2025. I’m not sure I specifically predicted this, but it’s just about the most predictable thing ever. And it has a number of people thinking (wrongly in my opinion) that rescheduling may not even happen given the results of the recent elections.
Our friends at Marijuana Moment did a nice job laying out the facts:
After DEA Administrator Anne Millgram signed off on over two dozen witnesses to participate in the hearing on Monday, Chief Administrative Law Judge (ALJ) John Mulrooney issued a preliminary order on Thursday signaling that the information provided on those set to testify was insufficient and requesting additional details and potential availability for a formal hearing in January or February 2025.
8. Michigan Court Prohibits Sale of Illegal Marijuana in a Ruling Straight Out of “Duh” Magazine
Believe it or not, I actually spend a lot of time deciding whether something is worth taking the time to write about. Cannabis news is developing as rapidly as any area of the law, and there are only so many hours in a day. I’ll admit up front that this was a close call.
There could be some angle that I’m not quite getting that would allow for unlicensed marijuana sales in states that have adopted marijuana licensing regimes, but I’m leaning towards thinking this may be one of the silliest, most obvious cases I’ve seen in years (and I see some wild cases in this line of work).
9. Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit
When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v. Airgas USA, LLC, et al. is instructive.
Blowing Smoke
In October 2019, Airgas hired Murray Fisher as an “operations technician.” A month later, doctors diagnosed him with liver cancer. In August 2020, doctors told Fisher that he needed surgery. Around that time, he requested accommodations for medical leave and for time off to attend doctors’ appointments. Airgas granted both requests.
Fisher had surgery and Airgas gave him eight weeks of medical leave. Fisher returned to work in October 2020. Due to ongoing pains, Fisher began taking a product called “Free Hemp” to offset symptoms.
In November 2020, Airgas selected Fisher for a random drug test. A contractor, HireRight, reported that Fisher’s sample was positive for “marijuana.” Fisher told Airgas he did not use marijuana and asked for a retest, explaining that his use of Free Hemp might have caused a false positive.
10. Meet the New Boss, Same as the Old Boss? The Impact of a Second Trump Presidency on American Cannabis Policy
The title of this post comes, of course, from The Who’s classic track “Won’t Get Fooled Again.” This post analyzes whether there is cause for worry on the part of cannabis operators – both marijuana and hemp – under a second Trump presidency. So, I guess the first question is whether cannabis operators got fooled during the first Trump regime.
In my opinion, the short answer is no – in fact, marijuana operators were allowed to operate under policies similar to the Obama administration and the 2018 Farm Bill allowed for an explosion of the hemp industry. But the answer is also that the cannabis industry was complicated then and much more complicated now. With a new Farm Bill on the horizon – with a new Congress – and rescheduling hearings on marijuana scheduled early next year, along with the myriad issues sure to arise in the cannabis industry over the next four years, what will be the impact of a Trump presidency on critical cannabis questions? Let’s dive in.
Listen to this post
2024 was a banner year for cannabis lawmakers and business operators. From Kamala Harris advocating for marijuana reforms to California’s clash of titans between hemp and marijuana markets, there was no shortage of drama in the cannabis industry. Vice President Harris vocally championed marijuana legalization on various platforms, emphasizing its importance for social justice. Meanwhile, California’s hemp regulations sparked controversy in an already thriving marijuana market. Political figures and states continually reshaped the cannabis landscape. Read More
