Five strains. Five breeders. Only one winner. Here are our nominees for Leafly Strain of the Year 2025.
The post Announcing the nominees for Leafly Strain of the Year 2025 appeared first on Leafly.
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Five strains. Five breeders. Only one winner. Here are our nominees for Leafly Strain of the Year 2025.
The post Announcing the nominees for Leafly Strain of the Year 2025 appeared first on Leafly.
U.S. federal cannabis law is at a pivotal moment heading into 2026. In a January 15th webinar, attorneys Jason Adelstone and Vince Sliwoski examined two major federal developments that are poised to reshape the industry: the Executive Order directing the rescheduling of marijuana under the Controlled Substances Act, and new Congressional legislation redefining “hemp,” effective later this year.
Marijuana rescheduling from Schedule I to Schedule III could have far-reaching implications for state-licensed cannabis businesses, including potential relief from IRC Section 280E, expanded research opportunities, and shifts in how regulators and service providers approach the industry. At the same time, rescheduling raises important questions about implementation, agency rulemaking, and state-level responses.
On the hemp side, Congress’s move to redefine “hemp” threatens to eliminate many intoxicating hemp products currently on the market. While the law is significant, uncertainty remains around enforcement, future regulations, and possible legal challenges—making 2026 a critical year for hemp companies to reassess risk and compliance strategies.
The webinar focused on what these changes mean in practice, where uncertainty remains, and how businesses and stakeholders can prepare as federal policy continues to evolve. Jason and Vince answered many audience questions during the hour. Enjoy!
President Trump Issues Executive Order Directing the Attorney General to Reschedule Marijuana
Is Marijuana Rescheduling Finally Happening? What to Know, Now
Will the Feds Enforce the Ban on Intoxicating Hemp Products, and Seed Sales?
Hemp Companies Have One Year to Get Genetics Into or Out of the U.S.—But a Loophole May Exist
The post Federal Cannabis Law and Policy in 2026: Watch the Webinar Replay appeared first on Harris Sliwoski LLP.
This January, the Texas Department of State Health Services (DSHS) is considering a proposed ruling that could restrict the rights of Texans to access hemp products that they have come to rely on. Even after a similar ban was vetoed by the governor last year, new proposed regulations would effectively ban smokable hemp products entirely […]
The post Make your voice heard and help protect Texans’ right to hemp appeared first on Leafly.
Harris Sliwoski attorney Jason Adelstone will be participating in CannaGen Sesh 3: Deeply Seeded, a webinar hosted by CannaGen on Thursday, January 22, from 11:00–12:00 PM PST. This session will focus on a significant but underappreciated change in federal hemp law that will materially affect cannabis genetics, seed commerce, and cross-border operations. Under recent amendments to the Farm Bill framework, which take effect in November 2026, the federal definition of “hemp” will no longer include viable cannabis seeds derived from plants that exceed 0.3% total THC on a dry-weight basis. As a result, marijuana-capable seeds will once again be treated as federally illegal marijuana.
Thankfully, the amendment maintained a critical loophole: tissue cultures and clones that test below 0.3% delta-9 THC remain outside the revised hemp definition. This distinction creates both compliance opportunities and operational risk, depending on how companies structure their genetics programs. Moving forward companies should proactively assess their genetics portfolios, supply chains, and risk exposure well before the grace period expires.
Breeders, seed producers, nursery owners, and tissue culture operators should all tune in. There’s a ton of misinformation out there. Let’s set the record straight. We’ll discuss in detail how to operate legally under these new laws, and how to plan ahead accordingly.
Participants are encouraged to submit questions in the comments during the live session, and Jason and the panel will address them as the discussion unfolds.
To preview what Jason will be discussing, please check out Jason’s blog post: “Hemp companies have one year to get marijuana genetics into or out of the us but a loophole may still exist“.
The post Jason Adelstone Joins in CannaGen Sesh 3: Deeply Seeded Webinar appeared first on Harris Sliwoski LLP.
It’s MLK Day once again.
I have written an MLK Day post on this blog for nine consecutive years. The theme of all these posts is that cannabis is a civil rights issue, and that Dr. King would have advocated for ending marijuana prohibition based on that fact.
Each year, I have demonstrated with facts (upon facts upon facts) that the War on Drugs continues in insidious ways. In, 2024, which is the most recent year that FBI data is available, law enforcement officials made nearly 190,000 arrests for marijuana possession and distribution, comprising over 22% of all drug-related arrests. Of those arrests, 92% were for marijuana possession. The other 8% of marijuana-related arrests were defined as “sales/manufacturing.”
Those numbers are a slight and welcome downtick from 2023, but they remain shockingly large. Sadly, marijuana-related arrests of black people continue to be disproportionate to population size, at 42% of all recorded arrests. (Black people comprise roughly 14% of the U.S. population.) I doubt this troubling dynamic will change anytime soon.
Heading into MLK Day weekend last year, President Biden announced that he was commuting the sentences of nearly 2,500 people convicted of non-violent drug offenses. The focus was predominantly on individuals “who received lengthy sentences based on discredited distinctions between crack and powder cocaine…”, as opposed to cannabis-related crimes. It wasn’t what he promised, but at least it was something.
Trump hasn’t made a similar effort, saving his pardons for large scale narcotraffickers and those who can afford to pay. Elsewhere, the President gets some credit for picking up the ball on Biden’s stalled marijuana rescheduling effort, but rescheduling is no solution to the plague of marijuana-related arrests nationwide. As we’ve explained many times, moving marijuana to Schedule III will not legalize the plant federally, and it does nothing to change state laws—which is where most arrests are made.
Forgive me if I sound a little grouchy today: in the nine years I’ve been writing this MLK Day post, scant progress has been made on cannabis decriminalization. Instead, we’ve seen states roll out cannabis licensing programs, with business opportunities for those who can marshal resources. That’s all well and good, but so many people are left behind—some literally behind bars, and on account of race.
On MLK Day, it’s important to remember that there is still a lot of work to do at the intersection of race and drug law enforcement. Here is a short list of organizations if you’d like to get involved:
For prior posts in this series:
The post MLK Day 2026: Cannabis and Civil Rights appeared first on Harris Sliwoski LLP.
The hotness has arrived, Leafly Nation, we're calling our shots for the new year. Find our picks for 10 hot strains to smoke in 2026.
The post 10 hot strains to smoke in 2026 appeared first on Leafly.
Discover what every age group needs to know about the cannabis world, courtesy of AGLC!
The post What Albertans need to know about cannabis appeared first on Leafly.
This webinar will feature Harris Sliwoski attorneys Jason Adelstone (Denver, CO) and Vince Sliwoski (Portland, OR). Jason and Vince will examine a pair of significant developments for federal cannabis law and policy in 2026. These developments are: 1) last month’s Executive Order from President Trump, to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act, and 2) recent Congressional legislation to redefine “hemp”, effective this November.
Please join us this Thursday, January 15, 2026 at 10 a.m. PST / 1 p.m. EST!
Feel free to submit questions in advance at the registration link above, or you can type them in during the conversation.
The impact of marijuana rescheduling for state-licensed businesses cannot be overstated. Many of these businesses would pay less tax with marijuana on Schedule III, due to the removal of a punitive tax code section, IRC Section 280E. The Executive Order also attempts to clear a federal pathway for full-spectrum CBD products, and to remove barriers to scientific research. The cannabis industry may also realize collateral effects from rescheduling, such as greater options with service providers, or the willingness of state-level regulators to relax regulations.
The impact of the prohibition on intoxicating hemp products also portends significant changes. Most intoxicating hemp products that are currently on the market will not survive the new law. Large questions remain, though, like whether the law will stand as written, what subsequent rulemaking will introduce, and whether any or all aspects of the law will be enforced.
U.S. federal cannabis law and policy are at an inflection point. If marijuana is rescheduled and if the ban on intoxicating hemp products “sticks”, the business environment will evolve rapidly in 2026. This will benefit certain operators and impair others.
This webinar will offer a practical overview of what we can expect as the federal government puts its plans into action, and it should help attendees consider their options and prepare for pending changes.
Date: January 15, 2026 at 10:00 a.m. PST / 1:00 p.m. EST
Format: Live interactive webinar with Q&A
Whether you’re a cannabis business operator, an investor, a service provider or a regulator, this webinar should be helpful. We’ll look forward to seeing you tomorrow!
In the meantime, check out the following relevant posts:
The post Free Q&A Webinar Tomorrow, Jan. 15! U.S. Cannabis Law and Policy in 2026 appeared first on Harris Sliwoski LLP.
Humboldt Seed Co. gathered an elite crew of experts to find the next big cultivars. See the winning pheno hunt strains here.
The post The winning strains from Humboldt Seed Company’s latest pheno hunt appeared first on Leafly.
Cannabis law continues to live in constitutional limbo. States like Washington and California have built robust, tightly regulated cannabis markets, while federal law still treats marijuana as contraband. That tension has now collided head‑on with one of the Constitution’s most powerful doctrines: the Dormant Commerce Clause.
Just recently, in January 2026, the Ninth Circuit weighed in with a closely watched decision upholding Washington’s cannabis residency requirements against a dormant Commerce Clause challenge. The case, Peridot Tree WA, Inc. v. Washington State Liquor & Cannabis Control Board et al., does more than resolve a licensing dispute. It tees up a fundamental question: Does the Constitution protect interstate commerce in a market Congress has made illegal?
The Constitution gives Congress the power to regulate interstate commerce. From that affirmative grant, the Supreme Court has long inferred a negative corollary: states generally may not enact laws that discriminate against or unduly burden interstate commerce, even when Congress is silent. This implied restriction is known as the Dormant Commerce Clause.
At its core, the doctrine is anti‑protectionist. States may not tilt the economic playing field to favor in‑state actors over out‑of‑state competitors. Laws that explicitly discriminate against interstate commerce are frequently per se invalid.
But the Dormant Commerce Clause is also controversial. It is judge‑made, not textually explicit, and the Supreme Court has repeatedly warned that courts must exercise “extreme caution” before using it to invalidate democratically enacted state laws. That caution loomed large in the Ninth Circuit’s analysis.
Peridot Tree, a cannabis company owned by a Michigan resident, challenged cannabis licensing regimes in both Washington and Sacramento, California. In each jurisdiction, Peridot alleged it met all substantive licensing criteria except residency requirements that favored local or in‑state applicants.
Peridot argued that these residency rules were classic economic protectionism and therefore unconstitutional under the dormant Commerce Clause.
The Ninth Circuit’s Answer: No Dormant Commerce Clause Protection. Therefore, the Ninth Circuit affirmed the lower court’s dismissal of the lawsuits. Its holding was blunt: The dormant Commerce Clause does not apply to cannabis markets because marijuana remains illegal under federal law.
The court declined to extend a judge‑made constitutional doctrine to protect interstate commerce in a market that Congress has expressly prohibited. In the court’s view, the “fundamental objective” of the dormant Commerce Clause—preserving a national market free from state protectionism—evaporates when Congress has decided that the national market should not exist at all.
In reaching that conclusion, the Ninth Circuit parted ways with a First Circuit decision and a Second Circuit decision, both of which held that state cannabis residency requirements violate the dormant Commerce Clause, despite the federal illegality of marijuana. The Ninth Circuit instead aligned itself with a growing body of district court decisions (and with dissents from other circuits) emphasizing that illegal markets are constitutionally different in kind.
Put differently: there is no implied constitutional right to engage in illegal interstate commerce according to the Ninth Circuit.
The federal government’s posture on cannabis has grown increasingly contradictory, and we recently observed that it is more confusing than ever.
In December 2025, President Trump issued an executive order directing the Attorney General to complete the rule-making process to reschedule marijuana from Schedule I to Schedule III. While rescheduling would not legalize cannabis outright, we have explained that it would represent a dramatic shift in federal policy—acknowledging accepted medical use and reducing criminal severity.
The Ninth Circuit expressly addressed this development and found it irrelevant for now. Courts, the panel emphasized, must apply the law as it exists, not as it might exist after future political action.
If marijuana is rescheduled to Schedule III, the constitutional landscape could change—but not automatically.
Once cannabis is no longer treated as a substance with “no accepted medical use,” the Ninth Circuit’s core rationale begins to weaken. Courts may be less willing to say that Congress has declared the entire national market illegitimate.
The most likely outcome is not an immediate invalidation of residency requirements even with rescheduling on the horizon. More concisely, there is unlikely to be major movement in the application of the dormant Commerce Clause to invalidate residence requirements absent an act of congress rectifying any cannabis all illegality in the markets.
From another perspective, if Congress continues to delay full legalization while tolerating state markets, it becomes more difficult to argue that cannabis is truly “outside” interstate commerce. At some point, constitutional doctrine may be forced to catch up with economic reality. Until then, residency requirements in the Ninth Circuit remain on solid footing.
For more cannabis rescheduling insights, check out our free webinar this Thursday, January 15th.
For more on the Dormant Commerce Clause specifically, check out the following posts:
The post Dormant Commerce Clause Meets Cannabis: Residency Requirements, Federal Illegality, and What Comes Next appeared first on Harris Sliwoski LLP.
Dry January has become an annual reset for anyone rethinking how alcohol fits into their life. The trend is part of a larger shift: only 54 percent of US adults say they drink alcohol, a record low, according to a 2025 Gallup poll. People are choosing to drink less all year long. They want better […]
The post Beyond Dry January: Rare Cannabinoid Company’s hemp THC is your all-season alternative to alcohol appeared first on Leafly.
This webinar will feature Harris Sliwoski attorneys Jason Adelstone (Denver, CO) and Vince Sliwoski (Portland, OR). Jason and Vince will examine a pair of significant developments for federal cannabis law and policy in 2026. These developments are: 1) last month’s Executive Order from President Trump, to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act, and 2) recent Congressional legislation to redefine “hemp”, effective this November.
Please join us on January 15, 2026 at 10 a.m. PST / 1 p.m. EST. Feel free to submit questions in advance at the registration link above, or you can type them in during the conversation.
The impact of marijuana rescheduling for state-licensed businesses cannot be overstated. Many of these businesses would pay less tax with marijuana on Schedule III, due to the removal of a punitive tax code section, IRC Section 280E. The Executive Order also attempts to clear a federal pathway for full-spectrum CBD products, and to remove barriers to scientific research. The cannabis industry may also realize collateral effects from rescheduling, such as greater options with service providers, or the willingness of state-level regulators to relax regulations.
The impact of the prohibition on intoxicating hemp products also portends significant changes. Most intoxicating hemp products that are currently on the market will not survive the new law. Large questions remain, though, like whether the law will stand as written, what subsequent rulemaking will introduce, and whether any or all aspects of the law will be enforced.
U.S. federal cannabis law and policy are at an inflection point. If marijuana is rescheduled and if the ban on intoxicating hemp products “sticks”, the business environment will evolve rapidly in 2026. This will benefit certain operators and impair others.
This webinar will offer a practical overview of what we can expect as the federal government puts its plans into action, and it should help attendees consider their options and prepare for pending changes.
Date: January 15, 2026 at 10:00 a.m. PST / 1:00 p.m. EST
Format: Live interactive webinar with Q&A
Whether you’re a cannabis business operator, an investor, a service provider or a regulator, this webinar should be helpful. We’ll look forward to seeing you on January 15th!
In the meantime, check out the following relevant posts:
The post U.S. Cannabis Law and Policy in 2026: Free Q&A Webinar, January 15 appeared first on Harris Sliwoski LLP.
Your January 2026 horoscopes are here! January opens the year with a sense of fresh beginnings as the stars encourage reflection.
The post Star signs and cannabis strains: January 2026 horoscopes appeared first on Leafly.