ARTICLE
26 November 2024

The Week In Weed: November 22, 2024

SS
Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana. This week, we see Senator John Thune named new Senate Majority Leader.
United States Cannabis & Hemp

Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana. This week, we see Senator John Thune named new Senate Majority Leader. There's an update on the DEA re-scheduling hearing. The Nebraska ballot initiative saga continues. And finally, another well-known person is unhappy to be falsely associated with cannabis.

NEW SENATE MAJORITY LEADER

Senator John Thune (R-SD) has been named Senate Majority Leader. His term will start in January, when the new Congress is sworn in, and the Republicans take over control of the Senate. What does this mean for cannabis? Probably not much. He may not be the public face of pot prohibition, like former Majority Leader Senator Mitch McConnell (R-KY), but he is just as opposed to legalization. Of course, even under Majority Leader Chuck Schumer (D-NY), who supports legalization, the cannabis industry has not seen even the enactment of banking legislation, let alone more sweeping changes. Every time a measure gets put into a "must pass" piece of legislation, it gets taken out at the last minute – used as a bargaining chip to gain support from members who oppose cannabis reform. So, unless something happens in the lame duck session, it will likely be at least two years until bills do more than get introduced, only to die in committee.

RE-SCHEDULING

It's more likely (although not guaranteed) that action will happen in the executive branch in the coming year. As we reported last week, an administrative hearing is set for early next month, which will deal with witnesses, but will hear no testimony. Many groups that were left off the Drug Enforcement Administration's (DEA) witness list are crying foul. The DEA has indicated that more witnesses may be chosen. As if that weren't enough controversy, two cannabis reform advocates filed a motion to disqualify the DEA from its own hearing, claiming that the agency has improperly communicated with anti-legalization organizations, and replace it with the Department of Justice. Who says the administrative process is dull??

NEBRASKA

Following up on our report last week about the situation in Nebraska, the court challenge to signatures collected to put the initiatives on the ballot continues. Attorneys submitted post-trial briefs early this week. The general consensus is that, whichever side prevails, the matter will be decided in the state's Supreme Court.

AND FINALLY

Many celebrities endorse cannabis products or are actively involved in the cannabis industry. Many, however, are not, and we've reported more than once on the umbrage they take when their names are associated with the industry. Add Mike Huckabee to that list. Huckabee, Baptist minister, former Arkansas governor and current nominee to be Ambassador to Israel, recently sued Meta over advertisements that suggested he endorsed CBD gummies. To be clear, he does not endorse such products. The court decided that Meta had no way of knowing the ads were fake and had no obligation to conduct due diligence on them.

We'll be off next week – be well everyone and have a Happy Thanksgiving!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More