Chances are, one of your first weed purchases was a nickel bag. For just $5, you and your friends could change the course of an afternoon by sharing a joint: painting the town red, watching a movie, cracking jokes. For Manhattan native Nicholas Koury and owner of Nicklz dispensary near Time Square, the nickel bag […]
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Welcome to the 10th annual “State of the State” post on Oregon cannabis. A great many things have changed over the years, and I’m planning to write another lookback post soon. For now, though, let’s cover everything that happened in 2025—which is a lot.
According to OLCC data, total sales from January 1 through November 30 were $848 million. That’s a 3.7% dip from the same period in 2024, where we saw $881 million in total sales. Does this mean that Oregon cannabis retailers are selling less product? No, it doesn’t. They may be selling more, in fact, at discount model pricing.
The miserable retail price trendline continued to fall throughout 2025. Within that trendline, the extracts/concentrates category hit a nadir of $15.00/gram (median) in the extracts/concentrates category in April, and again in November. The “usable marijuana” category also fell to a ghastly $3.33/gram (median) in April, and all but flatlined from that point. (Usable marijuana is essentially flower, in the OLCC milieu.)
There is no foreseeable end to the price depression: in fact, it may only get worse. Croptober 2025 was Oregon’s largest METRC harvest ever, with 6,289,890 pounds reported. This was a significant and unwelcome 8.9% increase from the October 2024 harvest, which itself was a record high. As I wrote last year:
“I’m sure the illicit market had a bumper year too; weather is the same for everyone and the enforcement paradigm is static… Consumers may benefit, but that can’t be great for pricing.”
That proved true in 2025, unfortunately, and it will happen again in 2026. As far as what people are actually buying at all of these OLCC stores, I compiled this table:
| 2025 | 2024 | Change +/- | |
| Usable marijuana | 43.6% | 46.2% | -2.6 |
| Concentrate/extract | 26% | 25% | +1.0 |
| Edible/tincture | 14.2% | 13.7% | +0.5 |
| Inhalable w/non-canna additives | 10.7% | 9.1% | +1.6 |
| “Other” | 4.9% | 5.4% | -0.5 |
| Industrial hemp | 0% (?) | 0.6% | -o.6 (?) |
Check out that drop in the usable marijuana category. In both 2023 and 2024 I noted a “years-long trend of usable marijuana sales decreasing per capita in favor of other categories.” We are not just seeing these SKU shifts in the data—we’ve had a series of farm clients lament that retailers are pulling back orders for flower, in response to consumer preference for vape and cartridge products.
Bottom line: People are buying more Oregon cannabis than ever, at lower prices than ever. There is also more cannabis in the OLCC market than ever. Surveying this abundance, customers aren’t burning flower like they used to, opting instead for packaged products. All of this makes for an extremely challenging business environment—especially for small farms, which continue to falter and fail.
Oregon’s years-long OLCC licensing moratorium was ratified by the legislature in 2024. We still have a “one-in, one-out” policy where outgoing licensees are allowed to surrender (sell) their licenses in favor of new market entrants, who acquire (buy) replacement licenses. Outside of this buy/sell paradigm, OLCC is “prohibited from accepting new license applications pretty much forever, due to restrictive, ratio-based formulas tied to population,” as I explained back when HB 4121 passed.
In 2025, license numbers declined marginally across the board as predicted. This was also the case in 2024 and 2023 due to the years-long moratorium, in concert with business failures. Here’s a table showing current license numbers as compared to this time last year:
| 2025 | 2024 | Change +/- | |
| Producers | 1,351 | 1,375 | -24 |
| Processors | 275 | 288 | -13 |
| Wholesalers | 243 | 257 | -14 |
| Retailers | 769 | 789 | -20 |
| Labs | 10 | 13 | -3 |
| Research | 1 | 1 | none |
Numbers continue to fall at the slow drip we’ve seen for a couple of years, which is healthy. Most would agree that we have too many licenses across all categories—except perhaps for labs and research. Unfortunately, we lost a couple of labs this year, possibly tied to fallout from the October 2024 crackdown on THC inflation.
As far as pricing, we helped people buy and sell producer licenses at prices between $60K and $85K throughout the year, with prices rising in the last month or two. Most of these transactions are change-of-location and change-in-ownership scenarios, and most of the buyers are Chinese. Wholesale and processor licenses trade less frequently, and for lower prices; retail pricing is its own animal, largely dependent on store performance. That said, we did help sell a couple of change-in-location retail licenses in the $100K range.
OLCC has emphasized moving applications through the system quickly, which is welcome news. I met with a few OLCC staff last week, who articulated their goal of a “zero wait” time for change-in-ownership applications, their plans to enforce new rules requiring polished submissions, and requirements that applicants move quickly through the process.
The licensing protocol rules mentioned above come online on January 1, 2026, alongside rules that make some technical updates and implement the 2025 marijuana legislation. I covered these rules in a recent post, and I won’t summarize them further here.
Earlier this year, rules banning sales of most CBN products also took effect. I explained:
Beginning July 1, 2025, products containing artificially derived CBN can no longer be sold in Oregon, either in the OLCC system or in the general (hemp-derived) market, unless the manufacturer has made a “Generally Recognized as Safe” (GRAS) determination, or submitted a New Dietary Ingredient Notification to the FDA and received a “no objections” response.
To my knowledge, no one has acquired GRAS status or submitted a qualifying NDI notification. That’s not unexpected, and it’s also too bad.
The comprehensive hemp registry rules will take effect on January 1. These rules apply to hemp flower pre-rolls, as well as hemp beverages and tinctures containing cannabinoids like THC, CBD and others. The rules don’t apply to hemp items that are: a) sold at OLCC licensed stores, b) lacking cannabinoids, c) intended only for topical use, d) industrial or commercial feed products, or e) merely passing through the state.
A host of labeling and “claims” requirements for hemp products sold in Oregon also take effect next year. It remains to be seen if or how any of these new rules will interact with the recent federal ban on intoxicating hemp products, although I’m not expecting much friction. If the federal ban holds, we’ll likely just have fewer out-of-state registrants, and fewer inbound products beyond what is carved out in the CBD space.
For what it’s worth, earlier this year OLCC and other agencies published a report detailing that most hemp products in Oregon run hot. Not a great look, but not surprising either.
Oregon cannabis matters found their way to the courts in 2025. Our office handled a series of business and investor disputes, and there were some public skirmishes as well. Here is my short list:
I should include a bit on President Trump’s Executive Order of December 18, directing marijuana rescheduling. We’ve covered it comprehensively already, but Oregon cannabis businesses should be pleased.
Depending on the path Pam Bondi chooses, and the measure of resistance, marijuana could go to Schedule III in 2026. If so, many of our clients will realize better margins overnight. These businesses could also see less competition from out-of-state hemp operators, due to the federal ban mentioned earlier.
As always, trying to summarize a year’s worth of stories in this small space can be challenging. Let me know in the comments if I missed anything important. For prior posts in this series, check out the list below.
Best wishes to the Oregon cannabis industry and all of our clients in 2026.
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Wishing all of our readers, along with friends and families, the very best this holiday season.
Whether you celebrate Hanukkah, Christmas, Kwanzaa, Winter Solstice, Festivus, or something else, we hope you can kick back and enjoy this wonderful time of the year.
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Sesh by Sherlocks has grown to North Carolina's top destination for THCA flower after beginning as a glass museum.
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President Trump has just signed an executive order that accelerated rescheduling cannabis from Schedule 1 to Schedule 3.
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On Monday, the U.S. Supreme Court denied certiorari in Canna Provisions, Inc. et al. v. Bondi, a high-profile lawsuit that challenged the constitutionality of intrastate (and not interstate) cannabis activity. The denial offered no reasoning; nor was it accompanied by dissents or concurrences from any of the justices—all of which is typical. The upshot is that petitioner’s loss at the First Circuit Court of Appeals is final. Rest in peace, Canna Provisions.
We have been tracking and writing about this case since it was filed two years ago. We acknowledged the pedigree of David Boies and the lawyers involved, but ultimately, the effort left us uninspired. See:
In the aftermath of the Supreme Court’s denial on Monday, my colleague Jason Adelstone also offered this post mortem on LinkedIn:
This outcome is unfortunate but unsurprising given the fundamentally flawed strategy used to challenge Gonzales v. Raich. There were far more credible avenues for advancing this argument, most notably through sympathetic medical patients, rather than corporate actors operating in the adult-use market. From the outset, this case was designed for Supreme Court review. What the strategy failed to adequately account for, however, is the composition and conservatism of the current Court. Maybe next time the industry will support a case that has an actual chance to prevail.
Whether there is a “next time,” or what that would look like, is an open question—particularly with rumors aswirl about a Trump executive order on rescheduling marijuana. If marijuana lands on Schedule III, cannabis businesses would ultimately get the fair tax treatment sought by Canna Provisions, although banking, SBA loans and other amenities would still be impaired.
It would be somewhat ironic if the Department of Justice ultimately followed a Trump directive to reschedule marijuana at this time, given its posture last month in the Canna Provisions litigation. I explained:
[T]he DOJ declined to file a Supreme Court brief in the Canna Provisions case . . . . The DOJ’s position is curious, given that 1) the case strikes at the heart of the federal government’s ability to enforce federal laws, and 2) the federal government has been keen to weigh in on Supreme Court cannabis litigation, in the context of gun rights. As it stands, the Court will now decide whether to hear this case without executive branch input.
And that’s exactly what happened. It’s now time for everyone to move on to the next thing, which we’re told could be an executive order on rescheduling, announced as soon as tomorrow. As I explained in a Canna Provisions critique:
[M]arijuana reform is squarely a job for Congress or the executive branch. Not the judiciary. We need Congress to act, especially in the context of stalled Schedule III proceedings, and we need broader reforms than what Canna Provisions seeks. Those reforms include not just interstate commerce, but decriminalization and ideally reparations of some sort.
Schedule III will not get us interstate commerce, and it certainly wouldn’t bring decriminalization or reparations. But it’s a step in the right direction—especially while Congress cannot get organized on cannabis reform, aside from hemp. I don’t expect that to change prior to the 2026 midterms, which means the best hope for now is an executive order. Canna Provisions, rest in peace.
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Leafly's list of the top 100 US dispensaries, backed by data and costumer ratings. Find the best dispensaries in your state and beyond.
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Even with slightly lighter attendance at MjBizCon this year, the quality of conversations and the overall engagement felt stronger than ever. The insights, candor, and determination that filled the hallways and side events were a powerful reminder of why this industry keeps pushing forward despite constant headwinds. The event team delivered a well-run, thoughtful conference that brought together some of the most committed voices in cannabis.
What stood out most throughout the week was the shared sense of resilience. Being surrounded by so many operators, advisors, investors, and innovators, all working to move this space toward a more functional and equitable future, was incredibly energizing. The panels, side events, and gatherings around the Chandelier room at the Cosmo, created genuine opportunities for connection and dialogue. It was great exchanging ideas with so many thoughtful people. These conversations are what make MjBizCon valuable: they reveal both how far the industry has come and how much collective work remains.
One theme that was impossible to ignore this year was the growing international momentum in cannabis. The presence of global operators has never been more visible, and many of these markets are advancing at a pace that puts the United States on the sidelines. While the U.S. continues to wrestle with outdated federal structures and political stalemate, other countries are establishing regulatory frameworks, cross-border supply chains, and long-term economic strategies. The world is moving forward, with or without U.S. leadership, and that reality is becoming more pronounced each year.
Another significant takeaway was the persistent misalignment between the hemp and marijuana sectors. Much of the hemp industry remains optimistic that Congress will repeal or substantially modify the restrictions on intoxicating hemp. But realistically, that optimism seems misplaced. Any effort to carve out hemp without addressing marijuana places Senators from legal-marijuana states (many of whom represent jurisdictions that restrict or ban intoxicating hemp derivatives) in a politically untenable position. They are unlikely to champion a fix that benefits the hemp sector while leaving marijuana untouched.
Conversely, bringing marijuana into the conversation would trigger immediate and significant opposition from lawmakers who remain resistant to broader cannabis reform. As a result, the path forward for repealing the “hemp ban” appears extremely narrow. The only plausible near-term change may be a limited technical adjustment, such as permitting slightly “hot” hemp during the manufacturing of CBD, rather than any meaningful rewrite of the governing statutes.
Still, MJBizCon reinforced something important: progress doesn’t depend on unrealistic expectations, but on honest assessments, strategic collaboration, and the willingness to adapt. Despite the challenges, the energy and commitment in this industry remain unmatched.
If we didn’t connect at the show, or if we did and you’d like to continue the conversation, feel free to reach out.
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We asked Snoop three burning questions. Find out Snoop Dogg's favorite strain, and 2 more hot takes from the legend.
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Yesterday afternoon, the Washington Post and other sources reported that President Trump is expected to issue an executive order directing federal agencies to reclassify marijuana, to Schedule III. That’s some sexy reportage, although WaPo’s sources cautioned that “Trump could still change his mind” and “[a] White House official said no final decisions have been made on rescheduling of marijuana.”
Still, it’s a story with legs and I want to revisit some important considerations—beyond my usual refrain that marijuana shouldn’t be scheduled at all. Here are some critical things to understand about a potential Schedule III move.
The WaPo story reports that an executive order may be in the cards. Most likely—and depending on the order’s contents—this would make for a more direct, decisive approach than the formal “statement” and “request” issued by President Biden in October of 2022, which led to a stymied rescheduling process.
This August, when Trump told reporters that his administration was considering rescheduling marijuana, I laid out the following options:
I noted:
One thing to address at the outset, though, is the oft-repeated fiction that Trump could simply re- or deschedule marijuana on his own, via executive order. He cannot. He could, however, direct the process much like Biden did, when Biden issued a 2022 executive order directing HHS to revisit the control status of marijuana. Essentially, Trump could say what he’d like to see, and it will probably happen—especially given the strict fealty shown to him by DOJ.
To that point, my colleague Jason Adelstone has made a compelling argument for a fifth option, which is that Trump could lean on Attorney General Pam Bondi to reschedule marijuana on her own, even without rulemaking, pursuant to 21 U.S.C. § 811(d)(1). Jason concluded that “all it would take is a press release and a pen.”
Given the novelty of that approach, and given the novelty of Bondi’s prohibitionist record, that outcome would surprise me. In my previous post I advocated for option #3, which is the publication of a final rule by DOJ. I explained:
Marijuana could then go to Schedule III (or wherever) within 30 or 60 days of rule publication. People could litigate that rule, sure. Given the strength of the HHS findings, though, and the clear statutory authority behind DOJ, it seems like an uphill battle.
Hopefully, this is the chosen path and the administration learns from the numerous, foreseeable errors of former President Biden, the Merrick Garland DOJ and Anne Milgram’s DEA, as that administration made its half-assed foray into Schedule III.
Schedule III has been a holy grail of sorts for the cannabis industry, primarily because marijuana businesses would finally be taxed like other businesses. I’ve explained:
If marijuana goes to Schedule III, the margins-crushing statute known as IRC § 280E would not apply, and the cannabis industry would change forever. That said, state-level taxation of cannabis will not change. Or, it may change for the worse, as states feel emboldened to raise cannabis-related taxes in the absence of § 280E.
. . . .
Still, I cannot emphasize enough that removal of § 280E would change the industry forever. Having worked with cannabis businesses for 13 years, I view taxation as the largest affront to marijuana businesses—more than banking access, intellectual property coverage, lack of bankruptcy, you name it. This would be HUGE.
We like to remind people that marijuana on Schedule III is not a universal solve. Here are the five most persistent issues, in my view:
Criminal penalties for individuals. The possession, distribution and sale of non-FDA, non-hemp cannabis would still be criminal acts. State and local laws would not be preempted in any respect. We could see another 200,000 local arrests, annually, in a Schedule III milieu.
Business headaches. Like end users, state-licensed cannabis businesses wouldn’t be immunized from theoretical federal prosecution. In addition, they would remain embargoed from bankruptcy courts, they would continue to struggle with trademarks, they would still pay a premium for many general services, and the intensive, state-level regulation to which they are subject would hardly abate.
Research headaches. Contrary to popular belief, federal research will not become easier without significant Congressional and administrative intervention. That one is a real head-scratcher, but it’s our forecast.
Banking issues. Although banking isn’t the headache it once was, it’s still a pain. At Schedule III, marijuana would still be a controlled substance and state-licensed businesses would still be “trafficking” in that controlled substance, contrary to federal law. Banks would continue to struggle with this dynamic.
Hemp. The intoxicating hemp products industry took a huge kick in the shorts last month, when Congress passed P.L. 119-37. Most of these products won’t survive the new law. The state-legal marijuana industry stands to benefit from less competition, and if marijuana goes to Schedule III, those operators will be less inclined to work with the hemp crowd on a “universal solve” for federal cannabis policy.
I hope it happens, and Christmas comes early for all of our industry clients. That said, I’m cautious after watching and writing about marijuana rescheduling rumors for the better part of a decade.
If we do get confirmation on this WaPo reporting, though, rest assured— we’ll be all over it. In the meantime, check out the following posts:
The post Is Marijuana Rescheduling Finally Happening? What to Know, Now. appeared first on Harris Sliwoski LLP.
Last month, I gave my big-picture thoughts on the intoxicating hemp products ban under P.L. 119-37, concluding that enforcement was an open question. That question has started to pick up steam, particularly following a Congressional Research Service report published on December 3rd.
The CRS report provides:
…it remains unclear if and how federal law enforcement will enforce the new prohibitions when the new definition goes into effect. In marijuana’s case, the federal response has largely been to allow states to implement their own marijuana laws despite the fact that state-regulated activities may violate the CSA. If intoxicating hemp products persist on the market after the change to their legal status, it is possible they could be subject to the same criminal and collateral issues as marijuana. It also remains to be seen whether FDA will pursue additional options to remove these items from the market. Both FDA and DEA may lack the resources to broadly enforce the laws prohibiting intoxicating hemp products on the market.
It concludes:
Congress may choose to exercise oversight over federal enforcement priorities regarding state-regulated cannabis activities. FDA (under the FDCA) and DEA (under the CSA), in coordination with the Department of Justice, have a range of civil and criminal remedies they may use in efforts to exercise control over these activities.
I’ve promoted CRS reports in the past, and this one is certainly timely. Enforcement considerations are paramount now, just as they were in the early days of state-legal marijuana programs.
P.L. 119-37 doesn’t take effect until November 12, 2026, but its effects are already being felt. I’ve spoken with service providers to the cannabis industry — most notably financial institution clients — who are reigning in their offerings to the hemp industry in response to the new law. This follows on actual federal government programs, such as the Small Business Administration, which already views many hemp businesses as non grata.
But there is a disconnect between the outlook of service providers, in some cases, and what many seed sellers and vendors of intoxicating hemp products are saying. Many operators display high confidence that P.L. 119-37 will somehow be reversed prior to taking effect; or that if it isn’t, it won’t be enforced. It’s a ballsy gambit– one step further than exploiting the 2018 Farm Bill’s suspect “loophole.”
It’s true that the feds have generally let state-legal cannabis actors alone; and it’s true that the feds never really enforced the 2018 Farm Bill. That’s been the case in respect of purported “loophole” products, and also with hemp-CBD food and beverages— which FDA has maintained violate the FDCA Act since day one.
P.L. 119-37 is different in a few respects, though. First, unlike state-legal marijuana, many intoxicating hemp products are sold in states that do not expressly allow their sale. Sellers are simply operating in a “vacuum” of sorts, citing a federal law loophole, without state law prohibitions. Second, as to marijuana plant seeds, DEA had opined that sales were legal, because those seeds had not yet expressed THC and were still statutory “hemp.” That’s no longer the case.
Let’s consider a scenario (which is the mostly likely scenario, in my opinion) that P.L. 119-37 remains on the books come November 12, 2026. The $20 billion question, as I mentioned last month, is whether there will be enforcement. I think it’s possible at the state level, and also at the federal level.
At the federal level, I wouldn’t expect a coordinated crackdown by DEA and U.S. attorneys. That would be too expensive, too unwieldy. Instead, I think targeted enforcement of select larger players — perhaps including warning letters next summer — is the most likely path. In that scenario, the chilling effect I mentioned for service providers would be magnified, and it’s likely that many operators would also stand down.
I also think states will continue to get on the prohibition bandwagon, as I explained to MJ BizDaily last month. Some already are, but you’d see more of this in an environment where the feds throw their backs into it, enforcement-wise, and where de jure prohibition is not the whole picture.
Next November seems far away, but nearly a month has come and gone since P.L. 119-37 passed. For the next 11 months, enforcement is going to be the biggest question of all. That will be true whether or not P.L. 119-37 stays on the books as written, or whether the put-upon industry claws back some of its “loophole.” If so, it will need to overcome resistance from various sources: the state-legal marijuana industry, prohibitionists at large, and legislators who either don’t understand the issues, or are offended by ideas like sales of “gas station weed” and sales to minors.
One thing is for certain: 2026 will be another interesting year for cannabis.
For more on this topic, check out the following posts:
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This holiday season will be a cold one, but AmeriCannaRx is helping you and yours stay warm with hot deals all December long. They are offering a gigantic 60% off discount on select products throughout the end of the year, so you’ll have more than enough to stuff your stocking. They’ll even price match any […]
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Medical cannabis is available from Greenlight at locations all across West Virginia. Their locations all feature a wide selection of brands and knowledgeable staff. Patients with a medical card are welcome between 10:00 a.m. and 8:00 p.m. every day of the week. Do not operate a vehicle or machinery under the influence of this drug. […]
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We’re excited to announce that Harris Sliwoski attorney Jason Adelstone will speak at MJBizCon in Las Vegas this Wednesday, December 3, joining the industry’s largest global gathering of cannabis entrepreneurs, investors, operators, and policymakers.
Jason is widely regarded for his expertise in the complex interplay between international drug treaties and domestic cannabis legalization. At MJBizCon, he’ll serve as a panelist for Global Cannabis Outlook: Trends, Policy Shifts & Market Opportunities Around the World on December 3 at 2:50 PM.
This session brings together international experts to examine how regulatory frameworks, treaty interpretations, capital movement, and evolving laws are shaping the global cannabis economy. Jason will contribute his perspective on international compliance pathways, regulatory strategy, and how U.S. policy interacts with international law.
If you’ll be attending and would like to meet Jason during the conference, we’d love to hear from you. Feel free to reach out ahead of time and we’ll help coordinate.
Stay tuned — we’ll be sharing key takeaways from Jason’s MJBizCon presentation after the event.
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Your December 2025 horoscopes are here! The holiday season always kicks off with the sun in Sagittarius and it just makes sense.
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From all of us at the Canna Law Blog, Happy Thanksgiving! May your day be filled with good food, great company, and the seeds of prosperity for the coming year.
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Find out why vintage cultivars like Chemdawg thrive in living soil as Lindsay MaHarry takes us to Down Om Farms.
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That chill in the air means that it’s time to get cozy and prepare for winter, and Zen Leaf is helping you stock up for all the sweater weather on the horizon. They’re offering up to 30% off storewide at their Ohio locations so you can bundle up with all your favorites for less. Zen […]
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Introducing Leafly Direct, the easiest way to buy premium cannabis products that you can ship straight to your door. Leafly Direct makes the process of buying delta-9 or THCA products much easier by giving you a one-stop shop to browse products that have been hand-picked by Leafly for quality and consistency. We cut straight through […]
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Find the best Black Friday weed deals of 2025. We found the best sales on cannabis products so you can see the top discounts in one place.
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Open to customers 21+ with a valid government-issued photographic ID. Greenlight is a licensed Ohio dispensary providing access to medical and non-medical cannabis. Visit Greenlight in Columbus, Marengo, Wintersville, and their upcoming location in Marietta to explore a wide selection of products with guidance from their knowledgeable team. Licensed by the Division of Cannabis Control. […]
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Get ready for Flora Farms’ biggest savings of the season! They’re pulling out all the stops this year in order to make sure your holiday season is more green than white. All Flora Farms dispensaries are celebrating Green Wednesday, Black Friday, and Cyber Monday with a full weekend of deals with special offers you won’t […]
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The holiday season is here and so are some of the best CBD and delta-9 THC Black Friday deals of the year. Whether you’re looking to stay calm through family chaos, spark a little extra cheer, or sleep like you actually have time off, this year’s lineup has something for every vibe. From small-batch edibles […]
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What you need to know about the impending federal hemp ban. Hemp access isn't done yet & here's what you can do!
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This Green Wednesday, roll up before your relatives roll in with Greenlight. They’re celebrating the season by offering big discounts and deals at all of their locations across Nevada, so you can stock up to make it through the holiday rush in style. Each store will have discounts on offer, so head to your local […]
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Federal cannabis policy has always been a mess. When I say “always”, I’m looking back 90 years or so, beginning with the Marihuana Tax Act of 1937, then skipping ahead to the Controlled Substances Act, the Rohrbacher-Farr Amendment, the 2014 Farm Bill, and the 2018 Farm Bill—not to mention the various awkward and occasionally incoherent positions the feds have taken and abandoned, formally and informally, in response to state-led cannabis efforts.
All of that said, today’s iteration of federal cannabis policy — if you can call it that — is the weirdest, most confusing iteration we have seen.
Last week, Congress banned intoxicating hemp products by redefining “hemp”, effective November 2026. This caught a lot of people by surprise. That said, the purported “loophole” that triggered proliferation of these products was more an article of faith than a fair reading of the law, in my opinion, and proposals like the Miller Amendment had been batted around for a while. In addition, many of these products weren’t legal under the Food Drug & Cosmetic Act, regardless.
Did Congress do a good job with this, though? The early verdict is no, it didn’t. We now have a convoluted regime of exclusions to exclusions, definitions forthcoming, and potential workarounds spotted. The one-year runway associated with the new law is also being viewed by many, idealistically, as a reprieve where this hempnoids ban can somehow be negotiated and reversed, via a Farm Bill renewal, extension, or in some other manner. Mess.
This is apparently on ice, although Trump himself claimed in August that a decision would be made in “the next few weeks.” Last week, we were told review is still “ongoing.” (Trump endorsed rescheduling on the 2024 campaign trail, for what it’s worth.) In any case, the stalled rescheduling process was misguided, as we’ve said so many times here on the blog, and it was going poorly when things petered out. As it stands, marijuana remains in Schedule I.
We hear a lot of scuttlebutt from larger clients, and from folks in the unsavory business of government affairs. These include players “paying homage” as they say, down at Mar-a-Lago, funneling money into PACs, and any number of things. As with the hempnoids ban, though, if anyone says they know what is happening next on marijuana rescheduling, I’m inclined to doubt them. Nobody knows. Not even the people driving the bus.
Nobody knows what’s going on with this either. The Justice Department (DOJ) isn’t enforcing federal cannabis prohibition in the context of state marijuana programs, and never really has. The FDA isn’t enforcing the Food, Drug & Cosmetics Act with respect to hemp-CBD products, and never really has. Really, the main thrust of U.S. drug policy these days seems to be blowing up boats in the Caribbean Sea (20 boats and counting).
Back to cannabis, one federal prosecutor, Darin Smith, just announced that his office would ramp up prosecution of misdemeanor marijuana offenses on federal lands — which sounds like a great use of resources — pursuant to a new Justice Department policy issued in September. Most of us haven’t seen that policy, although I’m sure Mr. Smith’s announcement has prompted a handful of FOIA requests. Other DOJ prosecutors have remained silent.
As far as the intoxicating hemp products ban, it’s too early to tell if there will be any enforcement, assuming the prohibition sticks. That may well be another area where states are left in a limbo of sorts.
Yesterday, the DOJ declined to file a Supreme Court brief in the Canna Provisions case, which I’ve called “the lawsuit to end federal cannabis prohibition that wouldn’t really end federal cannabis prohibition.” In other words, the Trump administration isn’t taking a position on whether it should be allowed to enforce its laws against intrastate — and not interstate – cannabis activity. (The First Circuit held that it should be allowed to enforce those laws.)
The DOJ’s position is curious, given that 1) the case strikes at the heart of the federal government’s ability to enforce federal laws, and 2) the federal government has been keen to weigh in on Supreme Court cannabis litigation, in the context of gun rights. As it stands, the Court will now decide whether to hear this case without executive branch input. Whatever…
The state of federal cannabis policy is as contradictory, confusing and dynamic as ever. The legal-political environment arises from a century-long mashup of prejudice and incompetence, without credible regard to science, public health or economic considerations.
Will things improve headed into 2026? Nobody knows. By way of example, here are three momentous questions that no one can answer:
The answer to each of those questions has profound commercial and public health implications. It is difficult, maybe impossible, to imagine another commodity subject to such uncertainty. For that reason, my guess is that most of the cannabis industry will continue to do what it always has: ignore the federal regime and simply carry on.
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Green Wednesday is almost here once again, and AmeriCanna RX is ready to help you light up the holiday season with deals and discounts that will make your season bright. Not only will they price match any other Oregon dispensary, they’ve got a bevy of sales on offer, including 35-50% off select products every single […]
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Effective November 13, 2025, Congress fundamentally rewrote the laws governing hemp in America. Buried within the government funding bill (starting at pg. 64) is language that will reshape the entire hemp industry, including a critical shift in how marijuana seeds are treated under federal law. See our overview from last week, here.
For years, the hemp industry operated under a simple rule established by the 2018 Farm Bill: if a cannabis plant contained no more than 0.3% delta-9 THC by dry weight, it was legal hemp. This created what many lawmakers now call a “loophole”—one that allowed high-THC genetics, THCA flower, and intoxicating consumable products, to flourish in the legal hemp market (they still remained illegal under the Food and Drug Cosmetic Act).
Here’s what changed: The new legislation explicitly excludes from the federal definition of “hemp” viable seeds from plants that exceed 0.3% total THC (including THCA). This means seeds from plants that can grow into high-THC cannabis, or produce high THCA flower, are no longer considered legal hemp. They’re now classified as “marijuana” under federal law.
This is a seismic shift that will affect countless operators around the country. Previously, the seeds themselves weren’t considered marijuana by DEA and others, simply based on the genetics they carried. Now, if those seeds will produce plants exceeding the total 0.3% THC threshold, they’re federally illegal. Companies like Royal Queen Seeds, will now find itself in violation of both federal and state law starting November 13, 2026 (somehow they are operating in Oregon, despite Oregon excluding marijuana seeds from its definition of hemp).
The implications for international seed trade are immediate and severe:
Under the 2018 Farm Bill framework, seeds could be imported and exported throughout the US and internationally as long as the parent plant met the 0.3% delta-9 THC threshold and the importing jurisdiction permitted the seeds.
The new law redefines what qualifies as hemp seed. Any viable seeds from cannabis genetics that would produce plants exceeding 0.3% total THC (including THCA) are now classified as marijuana, making their import, export, and interstate transport a federal crime.
Interestingly, the new legislation specifically targets “viable seeds” from marijuana plants, but appears to remain silent on tissue cultures and clones that test at or below 0.3% total THC.
This potential gap in the law could be significant. While seeds carrying high-THC genetics are now explicitly excluded from the hemp definition, vegetative propagation methods like tissue culture and clones that themselves test below the threshold may still technically qualify as hemp under the statute.
Assume that any propagation method (i.e. seeds, clones, or tissue cultures) from genetics that would produce non-compliant plants could face scrutiny. Don’t bet your business on a technicality that could be closed with a simple regulatory clarification.
The legislation includes a 365-day grace period from the date of enactment for the industry to come into compliance. This grace period applies to the entire hemp industry, including seed producers, importers, and exporters.
Once that 365-day window closes, any seeds that don’t meet the new definition of hemp will be subject to the Controlled Substances Act.
This isn’t just about seeds—it’s about the entire genetic foundation of the modern hemp industry. Many cultivators have spent years developing and importing high-THC varieties that technically met the old delta-9 standard but will fail under total THC testing.
According to industry estimates, this change could affect:
The federal government has closed the genetics loophole that allowed marijuana seeds to be traded as hemp. Anyone involved in the import or export of cannabis seeds needs to act now—you have roughly 12 months before these seeds become unambiguously illegal under federal law.
This isn’t fear-mongering; it’s the new reality of federal hemp policy. The grace period is your opportunity to pivot, comply, or exit the market. After that window closes, the legal risks become substantially greater.
The hemp industry as we knew it is changing forever. Make sure you’re on the right side of these new rules before it’s too late.
The post Hemp Companies Have One Year to Get Marijuana Genetics Into or Out of the US. . . But a Loophole May Still Exist appeared first on Harris Sliwoski LLP.
The U.S. government reopened on Wednesday and promptly “closed the loophole” on intoxicating hemp products. I use those tacky quotes because I don’t believe there ever was a loophole. But now we can stop having those debates, I suppose, because Congress has sealed the deal.
The ban on intoxicating hemp items comes via a continuing appropriations bill called H.R. 5371. The ban takes effect a year from now, on November 12, 2026. Everyone has 12 months to lobby for rules, sell off products, untangle business relationships, and otherwise prepare.
H.R. 5371 gives the term “hemp” a new legal definition, effective November 10, 2026. Section 781 now provides that hemp is “the plant Cannabis sativa L. and any part of that plant… with a total tetrahydrocannabinols concentration (including THCA) of not more than 0.3% on a dry weight basis.” The term “hemp” also includes “industrial hemp” (which also gets a new definition), but excludes several notable things.
The first notable exclusion is seeds of cannabis plants that exceed 0.3% on a dry weight basis; viz. marijuana seeds. The DEA opined previously that these seeds are “hemp” and not “marijuana.” That’s going to be the case, undisputedly, under the new definition.
The second notable exclusion is for “intermediate hemp-derived cannabinoid products.” These are products that contain cannabinoids that cannot be produced naturally in the cannabis plant. In other words, they are synthesized or manufactured outside of the cannabis plant.
The third exclusion is for “final hemp-derived cannabinoid products.” These again are products that contain cannabinoids that cannot be produced naturally in the cannabis plant, and are synthesized or manufactured outside the plant.
Within 90 days, the FDA must publish a series of lists:
FDA also must give “additional information and specificity” about the term “container”, which is currently defined as:
“the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.”
The definition excludes bulk shipping containers or outer wrappings that are “not essentially for the final retail deliver or sale to an end consumer for personal or household use.” There is also an exclusion for drugs under FDA review.
Beyond these missives for FDA, it’s possible we’ll see some litigation, perhaps on due process grounds or other theories, none of which look promising at the moment. Additionally, we should expect some lawmaking at the state and local levels. Intoxicating hemp products are permitted in some states, expressly or otherwise, and some of those states may choose to toe the federal line.
I mentioned seeds, above. And industrial hemp. Beyond that, most finished “hemp” products currently on the market will not survive H.R. 5371. This is because most contain more than 0.3% delta-9 THC or THCA, or some combination thereof, and are designed to get you high.
Still, not everything is banned. CBD products, and presumably other “known cannabinoids” that don’t wind up on FDA’s “similar effects to THC” list, should be safe. There is a giant caveat here: these products cannot: 1) be added to human or animal foods; 2) be labeled as dietary supplements; or 3) make unapproved health claims.
Of course, people are making and selling all sorts of CBD food and beverage products now, and the question will be whether the feds continue to tolerate that. A year from today, we may also have a similar, $20 billion question for all of these intoxicating hemp products, should they remain on offer.
I’ve written a lot about hemp since 2018. I’m not surprised by H.R. 5371. I think the ban, if enforced, will be good for state-licensed cannabis businesses and also consumers. I’m sure a lot of people disagree, especially anyone creating cannabinoids in a lab; anyone buying isolate from marijuana farms and calling it “hemp”; or anyone living in a prohibition state.
All of that said, I’m not celebrating this one either. I view H.R. 5371 as another ad hoc attempt to regulate the cannabis plant within a reactionary, “slice and dice” framework. It’s not the way I would have gone about it, and it’s not wholistic policy– especially with marijuana rescheduling stalled out. But that’s cannabis for you. Let’s see what happens next.
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Last week at the International Asian Hemp Expo in Thailand, I witnessed the remarkable energy and potential of a country that has boldly positioned itself at the forefront of cannabis reform in Asia. The conversations I had with operators, policymakers, and international stakeholders revealed extraordinary innovation and entrepreneurship, while also highlighting opportunities to strengthen Thailand’s position as the region’s undisputed cannabis leader.
Thailand’s decision to remove cannabis from its controlled substances list in 2022 catalyzed explosive industry growth and demonstrated Asia’s appetite for reform. The thriving market has created jobs, attracted investment, and established Thailand as the region’s cannabis hub. This bold move showed the world what’s possible when governments trust innovation over prohibition.
However, the absence of comprehensive regulations has created challenges. Unregulated and untested products are widely available, and the lack of clear standards has created a fragmented market that provides opponents with ammunition to reverse reform entirely. Until Thailand implements robust regulatory frameworks for its domestic cannabis industry, these vulnerabilities will persist.
In June, the Ministry of Health attempted to address these concerns by issuing an order establishing a medical-only framework. Despite this directive, a vibrant adult-use market continues to flourish, creating a disconnect between official policy and market reality. This gap represents both a challenge and an opportunity as upcoming elections approach.
Progress is emerging in the medical manufacturing and cultivation sectors, where GMP, GACP, and Thai FDA requirements are being implemented. These standards signal Thailand’s commitment to quality and safety, providing a foundation upon which more comprehensive regulations could be built. The question now is whether Thailand will seize this moment to create a truly sustainable regulatory framework.
Thailand’s opportunity lies in comprehensive regulation that balances innovation with responsibility. With clear rules creating a medical framework accessible to tourists—combined with designated social consumption areas and tourist prescription pathways—Thailand could pioneer cannabis health tourism as an economic driver. This approach would respect both participants and those who choose not to engage, while establishing a replicable model for the region.
Such a framework would also need to address Thailand’s international treaty obligations at some point. We’ve seen this pattern across Europe, where Luxembourg, Malta, Germany, and the Czech Republic made ambitious commitments only to scale back after confronting how the three international drug treaties constrain commercialization.
Thailand has already demonstrated remarkable leadership by liberalizing first. Now it’s positioned to build something truly enduring by regulating thoughtfully. The next chapter will determine whether Thailand becomes a model for sustainable cannabis policy or a cautionary tale about reform without a regulatory structure. Thailand’s potential is extraordinary—the foundation just needs finishing.
The post Thailand’s Cannabis Leadership: The Path from Innovation to Sustainable Reform appeared first on Harris Sliwoski LLP.
See the Harvest strains 2025 that are lighting up the year and forecasting the future of cannabis. Find cutting edge cultivars to watch.
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We've been smoking the cream of the crop, talking to budtenders & digging into data to put together a list of the best strains in Washington.
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Learn about Jenny Kush in Chicago and find out why this legendary strain is named after a real legend and cannabis activist, Jennifer Monson.
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This Wednesday, November 5, Harris Sliwoski attorney Jason Adelstone will present at AIHEF 2025 on the future of Thailand’s cannabis industry.
Jason will discuss how a well-regulated Thai cannabis sector could become a leading medical supplier and a major catalyst for reform across Asia. At the same time, Thailand’s current approach of rescheduling cannabis without a strong regulatory framework creates barriers to accessing global medical markets. It also increases the risk that Thailand becomes a cautionary example used by prohibitionists to slow reform throughout the region.
As more nations move toward cannabis liberalization, evolving interpretations of international law may open new opportunities. These shifts could allow Thailand to participate in medical and scientific markets, as well as emerging adult-use and wellness markets that go beyond the narrow limitations of existing UN drug control conventions.
Join Jason at AIHEF 2025 to learn how smart regulation can unlock Thailand’s global potential and shape the future of cannabis policy across Asia. And give us a call if you have any interest in the Thai cannabis market. In the meantime, please also check out the following:
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Find the best kitchen picks of 2025 for people who love weed, food & weed food. Find reviews of cooking tools & decor picks.
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Your November 2025 horoscopes are here! The Scorpio vibe is bringing the usual intensity with a few extra cosmic twists.
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The definitive list of the best munchies in Seattle. Written & sourced by local Seattle stoners. Find our fave feast-ready classics & gems.
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Sometimes hitting pause means staying present, not zoning out — and that’s where Urmawm comes in. Life can feel relentless, but finding balance doesn’t have to mean losing focus. Enter Urmawm (pronounced “Your Mom”), a brand of low-dose gummies, balms, and tinctures formulated with hemp-derived CBD, THC, and supportive botanicals for those looking for functional […]
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