Jamese Hawkins, Mathew Grimes, Jana Simmons, Andrea Steel, Nolan Jackson, Lisa Pittman, and Troy Sims: Recent Developments In Cannabis Law

Originally published September 2023

I. Introduction..................................................................................244

II. Laws and Regulations...................................................................244

A. Cannabis and the Dormant Commerce Clause ...................244

B. I.R.S. Section 280E................................................................246

C. SAFE Banking Act.................................................................247

D. Tribal Policies and Regulation of Marijuana.........................248

INTRODUCTION

Whether you call it cannabis or marijuana, the industry is swiftly budding.

This article discusses new and noteworthy developments in the cannabis industry. Federal regulations, tribal policies, as well as states laws and their effect on the cannabis industry will be explored. This section includes references to federal and state cases, insurance coverage, advertising requirements, and the overlapping hemp industry. Though cannabis is not yet legal under federal law, as of this article twenty-one states, including the District of Columbia, have legalized cannabis recreationally, while thirty-nine states and the District of Columbia have legalized cannabis for medical purposes.