ARTICLE
11 June 2025

The Week In Weed: June 6, 2025

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Seyfarth Shaw LLP

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Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana.
United States Texas Cannabis & Hemp

Welcome back to The Week in Weed, your Friday look at what's happening in the world of legalized marijuana. This week, Texas is the center of gravity in the hemp world. The First Circuit rules against cannabis businesses. Medical marijuana protections are not included in the federal budget proposal. And finally, the Rolling Derby goes global.

TEXAS

Last week, we reported that the Texas Legislature passed a bill banning hemp products with any amount of THC. The bill now sits on Governor Greg Abbott's (R) desk, awaiting a decision. Concerned that a total ban would hurt those using the products for medicinal purposes, the Legislature has sent the Governor another cannabis bill; this one would significantly expand the state's quite limited medical marijuana program. If the bill becomes law, the number of conditions covered would expand, as would the number of permissible products, and the number of dispensaries in the state. No word as of this blogging as to what Abbott will do with either of these bills.

FIRST CIRCUIT COURT OF APPEALS

A case challenging the federal government's ban on marijuana has been making its way through the court system. After losing at the federal district court level, the plaintiffs appealed to the First Circuit Court of Appeals. They've now met with another defeat there. Next stop? The Supreme Court. The high court ruled that the federal prohibition was legal, despite state actions allowing cannabis use, in 2005. But that was 20 years ago, and things are a lot different now than they were then. Plus, Justice Clarence Thomas made a comment in a different case in 2021 about the federal-state divide that indicated he views it as a problem. Of course, the court has been busy lately, and they could refuse to hear the case, allowing the First Circuit opinion to stand. Stay tuned...

STATE MEDICAL MARIJUANA PROTECTIONS

Every year, the President sends a federal budget request to Congress. Since 2014, a provision indicating that the Justice Department is not allowed to spend money to enforce the federal prohibition against cannabis as regards medical marijuana programs in states where it is legal has been part of the executive/legislative back and forth. This year is no exception. The administration would like to eliminate this provision, thus allowing federal agents to shut down state-legal medical marijuana programs. Over the years, support for the provision has waxed and waned, so this is nothing new. And budgets are full of things that, if we're being honest, are of more importance to lawmakers and to voters. So the most likely outcome is that the provision will remain, but 2025 has certainly taught us that unlikely things can happen, so we'll just have to wait and see how this plays out.

AND FINALLY

If you think your joint rolling skills are world-class, check out the Rolling Derby. Running through the end of June, this is an international competition to celebrate the vital task of rolling a joint. Submit a video to X or YouTube with the hashtag #rollingderby.

Be well everyone – we'll be off next week, but will land in your inbox again on Friday, June 20.

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