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Massachusetts lawmakers have assembled a bicameral conference committee to reach a deal on a bill that would double the legal marijuana possession limit for adults and revise the regulatory framework for the state’s adult-use cannabis market. After the Senate passed an amended version of the legislation in November, the House pushed back against the changes. Now appointed legislators will meet to hash out the differences between the chambers’ approaches and potentially send the House bill to the governor’s desk. Among the proposed revisions to the state’s cannabis law is a section that would increase the personal possession limit for marijuana from one to two ounces. Colorado enacted the same reform in 2021 after that state’s cannabis market matured. Sen. Adam Gómez (D), said on the floor ahead of the Senate vote that the possession limit increase and other changes proposed by the legislation would “modernize” the state’s cannabis laws. Gómez and Rep. Daniel Donahue (D), co-chairs of the Joint Cannabis Policy Committee, will serve as the lead negotiators of the newly formed conference committee to act on the marijuana bill. The other conferees are Sens. Joanne Comerford (D) and Peter Durant (R), as well as Reps. Carlos Gonzalez (D) and Michael Soter (R). “When Massachusetts voters approved adult-use cannabis we made a commitment—not just to legalization, but to building a safe, equitable and well-regulated industry,” Gómez said in November. “Seven years later, we’ve made significant progress, but the landscape has changed and our laws need to reflect what that looks like.” In addition to the possession increase, which is included in both chambers’ versions, the bill would reduce the size and revise the organization of the Cannabis Control Commission (CCC), while also updating limits on marijuana business licensing. Under both versions, CCC would be comprised of three members rather than the current five. The Senate bill would make it so two would be directly appointed by the governor and one by the attorney general. The House proposed having the governor make all appointments. In both cases, the state treasurer would no longer be responsible for appointing commission members. The legislation as passed by the Senate includes a reciprocity section, allowing out-of-state medical marijuana patients to purchase cannabis products from Massachusetts dispensaries. Gómez said the version of bill passed by the Senate would also “remove outdated requirements that force medical operations to vertically integrate.” He argued that it “strengthens” the state’s commitment to an equitable cannabis industry, including by “supporting employee ownership models and directing the commission to develop fair and transparent host community agreements.” The legislation as approved by the Senate additionally directs CCC to study the mental health impacts and long-term outcomes of marijuana use. “This legislation is not about starting over. It’s about building on what we’ve learned,” Gómez said. “It’s about making sure that our laws keep pace with the growing industry, while protecting consumers, supporting small businesses and advancing equity.” Senators adopted several floor amendments to the House bill in November, including to require CCC to conduct studies on marijuana supply and demand, excise tax rates and regulation of hemp-derived cannabinoid products. Other approved amendments direct regulators to update cannabis testing protocols on an annual basis and clarify that they can permit “advertising, marketing and branding of sales, discounts and customer loyalty programs within a marijuana establishment or through an opt-in email list.” After the Senate passed the revised bill, the House dissented from the changes, leading to the conference committee appointments. Meanwhile, in November, the legislature’s Joint Cannabis Policy Committee advanced a bill that would require a study into legal barriers facing first responders who wish to use marijuana in compliance with state law. Regulators would also need to look into the efficacy of marijuana in the treatment of anxiety, depression and post-traumatic stress disorder (PTSD). They would additionally examine laws and policies for cannabis use by police officers and first responders in other jurisdictions and “any other topics the commission deems relevant.” The bill was reported out as lawmakers in a different committee approved separate legislation to provide employment protections for people who use marijuana. Another panel advanced a similar employment protections bill from Rep. Michael Kushmerek (D) in September. In the background of this legislative effort, Massachusetts officials recently announced that a campaign behind an initiative to roll back the state’s marijuana legalization law collected enough valid signatures to send the measure to lawmakers for consideration before it potentially gets put in front of voters to decide this year’s ballot. The campaign had already expressed confidence that it secured enough signatures to advance. Lawmakers will receive the proposal at the start of the 2026 session on January 7, and they have until May 5 to act on it. If the choose not to enact it legislatively, the campaign would need to go through another round of petitioning and get at least 12,429 certified signatures by July 1 to make the November ballot. There’s been controversy surrounding the prohibitionist coalition’s signature collection tactics, with allegations that petitioners working on behalf of the campaign shared misleading information about what the measure would accomplish—with claims that paid petitioners have used fake cover letters for other ballot measures on issues like affordable housing and same-day voter registration. The state attorney general’s office has confirmed it’s received complaints to that end. And an association of state marijuana businesses in November urged voters to report to local officials if they observe any instances of “fraudulent message” or other deceitful petitioning tactics. The campaign has denied the allegations. Massachusetts Attorney General Andrea Campbell’s (D) office—which cleared the campaign for signature gathering in September—has stressed to voters the importance of reading their summary, which is required to go at the top of the signature form, before signing any petitions. The head of Massachusetts’s marijuana regulatory agency recently suggested that the measure to effectively recriminalize recreational cannabis sales could imperil tax revenue that’s being used to support substance misuse treatment efforts and other public programs. Whether the cannabis measures make the cut is yet to be seen. Voters approved legalization at the ballot in 2016, with sales launching two years later. And the past decade has seen the market evolve and expand. As of August, Massachusetts officials reported more than $8 billion in adult-use marijuana sales. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Meanwhile, last month, state regulators finalized rules for marijuana social consumption loungues. Separately, the state Cannabis Control Commission (CCC) recently launched an online platform aimed at helping people find jobs, workplace training and networking opportunities in the state’s legal cannabis industry. State lawmakers have also been considering setting tighter restrictions on intoxicating hemp-derived products and a plan to allow individual entities to control a larger number of cannabis establishments. Also in Massachusetts, legislators who were working on a state budget butted heads with CCC officials, who’ve said they can’t make critical technology improvements without more money from the legislature. Massachusetts lawmakers additionally approved a bill to establish a pilot program for the regulated therapeutic use of psychedelics. And two committees have separately held hearings to discuss additional psilocybin-related measures. The post Massachusetts Bill To Double Marijuana Possession Limit And Revise Regulatory Framework Heads To Conference Committee appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The U.S. Supreme Court has scheduled oral arguments in a case challenging the constitutionality of a federal law banning people who use marijuana or other controlled substances from buying or possessing firearms. About two months after agreeing to take the case, justices on Friday set a date of March 2 to consider the conflicting arguments from the Justice Department, which has consistently defended the gun prohibition for cannabis consumers, and lawyers for Ali Danial Hemani, who is challenging the ban after being prosecuted under it. Attorneys general for 19 states and Washington, D.C. recently filed a brief siding with the federal government in the case, U.S. v. Hemani, arguing that justices should maintain the current statute known as 18 U.S.C. § 922(g)(3). That law has been challenged in multiple federal courts in recent years, but the Supreme Court agreed to take up Hemani, a case that led a lower court to rule that the federal prohibition on gun ownership by people who use cannabis violates the Second Amendment of the U.S. Constitution. Several other briefs were also submitted last month for the case, which was granted cert in October. Firearm control groups including Everytown for Gun Safety, Second Amendment Law Scholars, Brady Center to Prevent Gun Violence, Giffords Law Center to Prevent Gun Violence and Global Action on Gun Violence have told the Supreme Court to overturn the lower court’s ruling in the matter, for example. A coalition of history and law professors also submitted a brief. Also last month, Smart Approaches to Marijuana (SAM) and 21 other prohibitionist groups filed a brief, urging justices to uphold the constitutionality of the federal gun ban for people who use cannabis—which they claim is associated with violence and psychosis. U.S. Solicitor General D. John Sauer, for his part, told the Supreme Court that people who use illegal drugs “pose a greater danger” than those who drink alcohol. The scheduling of the arguments in the case comes after President Donald Trump signed an executive order directing U.S. Attorney General Pam Bondi to expeditiously complete a rulemaking process to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). It’s uncertain to what extent, if at all, the modest policy change would impact the pending gun cases. Meanwhile, the Biden administration was evidently concerned about potential legal liability in federal cases for people convicted of violating gun laws simply by being a cannabis consumer who possessed a firearm, documents recently obtained by Marijuana Moment show. The previously unpublished 2024 guidance from former President Joe Biden’s Justice Department generally cautioned U.S. attorneys to use discretion in prosecuting federal cannabis cases, particularly for offenses that qualified people for pardons during his term. But one section seems especially relevant as the Supreme Court takes on a case challenging the constitutionality of the current federal gun statute. With respect to Hemani, in a separate August filing for the case, the Justice Department also emphasized that “the question presented is the subject of a multi-sided and growing circuit conflict.” In seeking the court’s grant of cert, the solicitor general also noted that the defendant is a joint American and Pakistani citizen with alleged ties to Iranian entities hostile to the U.S., putting him the FBI’s radar. Now that the Supreme Court has agreed to take up Hemani, if justices declare 922(g)(3) constitutional, such a ruling could could mean government wins in the remaining cases. The high court recently denied a petition for cert in U.S. v. Cooper, while leaving pending decisions on U.S. v. Daniels and U.S. v. Sam. The court also recently denied a petition for cert in another gun and marijuana case, U.S. v. Baxter, but that wasn’t especially surprising as both DOJ and the defendants advised against further pursing the matter after a lower court reinstated his conviction for being an unlawful user of a controlled substance in possession of a firearm. Meanwhile, in recent interviews with Marijuana Moment, several Republican senators shared their views on the federal ban on gun possession by people who use marijuana—with one saying that if alcohol drinkers can lawfully buy and use firearms, the same standard should apply to cannabis consumers. Separately, the U.S. Court of Appeals for the Tenth Circuit last year sided with a federal district court that dismissed an indictment against Jared Michael Harrison, who was charged in Oklahoma in 2022 after police discovered cannabis and a handgun in his vehicle during a traffic stop. The case has now been remanded to that lower court, which determined that the current statute banning “unlawful” users of marijuana from possessing firearms violates the Second Amendment of the Constitution. The lower court largely based his initial decision on an interpretation of a Supreme Court ruling in which the justices generally created a higher standard for policies that seek to impose restrictions on gun rights. In the U.S. Court of Appeals for the Eleventh District, judges recently ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms. As a recent report from the Congressional Research Service (CRS) explained the current legal landscape, a growing number of federal courts are now “finding constitutional problems in the application of at least some parts” of the firearms prohibition. In a recent ruling, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial before a jury may be necessary to determine whether cannabis in fact caused the defendant to be dangerous or pose a credible threat to others. The Third Circuit separately said in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional as applied to particular defendants. A federal court in October agreed to delay proceedings in a years-long Florida-based case challenging the constitutionality of the ban on gun ownership by people who use medical marijuana, with the Justice Department arguing that the Supreme Court’s recent decision to take up Hemani warrants a stay in the lower court. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Last year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent. A federal judge in El Paso separately ruled in 2024 that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed. DOJ has claimed in multiple federal cases over the past several years that the statute banning cannabis consumers from owning or possessing guns is constitutional because it’s consistent with the nation’s history of disarming “dangerous” individuals. In 2023, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they’re “unlikely” to store their weapon properly. Meanwhile, some states have passed their own laws either further restricting or attempting to preserve gun rights as they relate to marijuana. Recently a Pennsylvania lawmaker introduced a bill meant to remove state barriers to medical marijuana patients carrying firearms. Colorado activists also attempted to qualify an initiative for November’s ballot that would have protected the Second Amendment rights of marijuana consumers in that state, but the campaign’s signature-gathering drive ultimately fell short. As 2024 drew to a close, the ATF issued a warning to Kentucky residents that, if they choose to participate in the state’s medical marijuana program that’s set to launch imminently, they will be prohibited from buying or possessing firearms under federal law. The official said that while people who already own firearms aren’t “expected to” turn them over if they become state-legal cannabis patients, those who “wish to follow federal law and not be in violation of it” must “make the decision to divest themselves of those firearms.” Since then, bipartisan state lawmakers have introduced legislation that would urge Kentucky’s representatives in Congress to amend federal law to clarify that users of medical marijuana may legally possess firearms, though no action has since been taken on that bill. Kentucky Gov. Andy Beshear (D) said in January that he supported the legislature’s effort to urge the state’s congressional delegation to call for federal reforms to protect the Second Amendment rights of medical marijuana patients, but the governor added that he’d like to see even more sweeping change on the federal level. The post U.S. Supreme Court Schedules Hearing In Case On Marijuana Consumers’ Gun Rights appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

New York officials have released a set of reports providing an end-of-year status update on the evolution of the state’s medical and adult-use marijuana markets—touting record sales, revenue hauls for state coffers, licensing approvals, equity initiatives and more. All told, retail cannabis sales in New York have exceeded $2.5 billion since the passage of recreational legalization, including $1.6 billion that was generated this year alone as of November. Also, licensed storefronts nearly doubled from 261 last year to 556 in 2025. The Office of Cannabis Management (OCM) said the state “continues to exceed” equity goals, specifically pointing to the fact that 55 percent of adult-use licenses are held by Social and Economic Equity (SEE) businesses. That includes 50 percent that are minority-owned and 47 percent that are women-owned. The reports also touch on enforcement activity to mitigate the illicit market. And this year, OCM said it “completed 2,017 enforcement actions, resulting in over $20 million worth of illicit cannabis product seized.” “New York’s cannabis framework was designed to pair strong regulation with meaningful opportunity, and this year’s Annual Report shows continued progress toward that goal,” Jessica Garcia, chair of the Cannabis Control Board (CCB), said in a press release. “As the legal market expands, we remain focused on building an inclusive industry and ensuring the benefits of legalization are shared broadly.” Ending 2025 on a high note for #NYcannabis. This year brought continued market growth, expanded access, and deeper community investment across New York State. Take a look back at some of the highlights. Read the 2025 Annual Report: https://t.co/p5xOHANgQT pic.twitter.com/p58BgnXcDU — NYS Office of Cannabis Management (@nys_cannabis) December 31, 2025 “The launch of initiatives like the community reinvestment grants and the CAURD Grant Fund marks a critical step in returning resources to communities disproportionately impacted by prohibition, while maintaining the safeguards that protect consumers and support compliant businesses,” she said. The OCM annual report also notes that Gov. Kathy Hochul (D) signed legislation into law that expands the state’s medical cannabis program by improving patient access and “updating the program framework to better meet patient needs statewide.” The legislation the governor signed also grants reciprocity to out-of-state residents, streamlines the patient certification process and allows adults 18 and older to grow their own cannabis plants for therapeutic use. “Looking ahead, we remain committed to fulfilling the vision of MRTA through licensing, regulatory reform and supporting social equity applicants,” Garcia said in the report. “We have new license types to issue that will provide additional economic opportunities to New Yorkers.” “We must improve patient access to the medical program and remain committed to working towards that in 2026. We will work with the OCM to continue to strengthen enforcement efforts against the illicit market,” she said. “Lastly, we are invested in building trust with our stakeholders and the public at-large and aim to strengthen our communications and public engagement efforts, particularly as they inform our decision-making process.” Officials also noted that the state has taken in nearly $341 million in marijuana tax revenue from medical and adult-use sales from April 1, 2023 to November 30, 2025. “Sales remain concentrated among a limited number of high-performing locations,” it says. “As of November 30, 2025, the top 10 stores account for 29 percent of statewide sales, the top 25 for 43 percent and the top 50 for nearly 61 percent. The top performing 50 percent of all operating stores generate about 80 percent of total sales, reflecting early advantages in location, brand presence, and operational scale.” Notably, the report reinforces advocates’ argument that regulating, rather than criminalizing, marijuana sales can deter youth use—despite prohibitionist arguments to the contrary. In fact, the percentage of New York high school students reporting past-month cannabis use has fallen from 20 percent in 2013 (pre-legalization) to 12.5 percent in 2023. “This Annual Report reflects the market New Yorkers have built together over the past year. We expanded access to regulated, tested cannabis products, strengthened consumer protections, and continued to advance an equity-centered market framework,” Susan Filburn, acting executive director of OCM, said in a press release. “Surpassing $2.5 billion in adult-use sales is a major milestone, and our focus moving forward is ensuring this growth remains responsible, transparent, and grounded in public health and safety, while continuing to deliver opportunity and reinvestment to the communities most impacted by prohibition,” she said. “OCM remains committed to responsible growth, transparent regulations, and economic opportunity for all New Yorkers. In 2026, OCM will focus on accelerating licensing and market access for equity entrepreneurs, strengthening statewide compliance and enforcement efforts, and expanding consumer education to promote safer cannabis consumption and build trust in the regulated market, further strengthening a safer and sustainable regulated market.” — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Meanwhile, given confusion within the marketplace about timelines for provisional licenses, CCB said it will be extending the renewal deadline for conditional adult-use until December 31, 2026. “This extension provides licensees additional time to secure viable locations and move toward full licensure,” OCM said. “It will also apply to any provisional licenses issued between September 9, 2025, and December 30, 2025, ensuring clarity and consistency for all provisional license holders.” Part of the uncertainty surrounding provisional licensees concerns a recently identified zoning issue impacting more than 100 cannabis businesses that are apparently located too close to public schools or places of worship than is allowed under current statute. Gov. Kathy Hochul (D) has said that she will be pushing the legislature to amend the state’s marijuana law to address the issue. Also, both chambers of the New York legislature earlier this year passed legislation that would extend the deadline for some marijuana businesses to file electronic tax returns, sending the proposal next to the governor’s desk. If signed into law, the measure would give cannabis manufacturers and distributors 30 extra days to submit their tax returns following the end of each quarterly tax period. Currently the companies have a 20-day window to file the documents, which the legislation would extended to 50 days. In July, meanwhile, New York officials announced the first round of grants under a $5 million program to help retail marijuana businesses owned by justice-involved people cover startup costs. The post New York Officials Tout $2.5 Billion In Marijuana Sales, Expansion Of Licensed Businesses And More Since Adult-Use Legalization appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

If marijuana is rescheduled—as President Donald Trump directed in a recent executive order—congressional researchers say the move could ease current restrictions on advertising for cannabis products. Moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) wouldn’t federally legalize the plant. But while it’s commonly understood that the reclassification would have tax policy and research implications, a lesser known effect concerns federal advertising laws. In a report from the Congressional Research Service (CRS) that was published on Tuesday, analysts reiterated that many penalties associated with marijuana would remain in effect if it’s rescheduled. That’s because the CSA distinguishes cannabis from other Schedule III drugs with respect to most criminal penalties. “If marijuana moves to Schedule III, this does not mean that all marijuana products would be lawful to manufacture, distribute, or possess,” CRS said, noting that the only exceptions that could apply would require Food and Drug Administration (FDA) approval of cannabis products in order for them to be lawfully sold. Experts generally agree that the chances of such approval for botanical marijuana that’s available in state-legal markets are slim. But rescheduling would mean that advertising restrictions applied to Schedule I drugs would be lifted for marijuana, the report says. “Some CSA penalties for marijuana are specific to its Schedule I classification. For example, CSA advertising offenses are written specifically for Schedule I,” it says. “It is unlawful knowingly ‘to place in any newspaper, magazine, handbill, or other publications, any written advertisement [that] has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule I controlled substance,'” CRS said. “The penalties for doing so are up to four years in prison and/or a criminal fine. These penalties would no longer apply if marijuana moves to Schedule III.” The report also addresses the tax policy implications of reclassifying cannabis under the CSA. If marijuana is moved to Schedule III, it would make an Internal Revenue Service (IRS) code known as 280E “inapplicable to marijuana businesses,” meaning they could take federal tax deductions available to other traditional industries. CRS also described the collateral consequences of past or current marijuana use, regardless of rescheduling. That includes potential adverse employment actions, a ban on gun possession, loss of federal housing opportunities, immigration-related penalties and ineligibility for federal benefits such as grants, loans, contracts and licenses. “Most of the consequences for marijuana use or for marijuana-related convictions would remain the same if it is moved to Schedule III,” it said. “While the use of marijuana by prescription for medical purposes would become lawful, marijuana products that are available in dispensaries in many states across the country are not currently available via lawful prescription.” CRS also laid out considerations for Congress, which it said may take actions to “affect the classification of marijuana and the consequences of its use in any number of ways.” “It could alter the schedule, declassify it as a controlled substance, or even create a new schedule classification,” the report says. “Further, Congress could seek to ease the criminal and collateral consequences of marijuana use and marijuana-related convictions, leave them as they are, or make them more severe.” — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Also last month, CRS put out a separate report clarifying that president simply directed the reclassification of marijuana—but it must still be finalized by the attorney general. And there’s a chance the Justice Department could opt to start the process all over again, or even not complete it at all. Meanwhile, a coalition of Republican state attorneys general are criticizing Trump’s decision to federally reschedule marijuana, saying cannabis is “properly” classified as a Schedule I drug with no accepted medical use and a high potential for abuse. Last month, groups of House and Senate Republican lawmakers also sent letters urging Trump not to reschedule cannabis. Trump, however, dismissed those concerns—pointing out that an overwhelming majority of Americans support the reform and that cannabis can help people who are suffering from serious health issues, including his personal friends. Photo courtesy of Martin Alonso. The post Federal Marijuana Rescheduling Would Ease Restrictions On Advertising By The Industry, Congressional Researchers Say appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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A leading marijuana prohibitionist group says it’s retained the legal services of President Donald Trump’s former attorney general, Bill Barr, to sue to reverse federal marijuana rescheduling if and when the pending rule is finalized. And they’ll also be filing a petition through the administrative process to keep cannabis strictly prohibited. Trump earned bipartisan applause last month when he signed an executive order directing the current attorney general to complete the process of moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). The policy change wouldn’t legalize marijuana, but it would formally recognize the plant’s medical value, allow marijuana businesses to take federal tax deductions and remove certain research barriers. Smart Approaches to Marijuana (SAM) President Kevin Sabet called the move a “full betrayal” of the president’s “promise to keep all Americans safe and health” that amounts to a giant gift to Big Marijuana and its pushers who are now more incentivized to target children with their highly addictive products.” “This rule, if finalized, will herald a public health disaster,” he said. “Thankfully, this decision does not legalize marijuana, but it gifts the industry with more than $2 billion in tax write-offs at a time when their advertising is inflicting carnage on America’s families.” SAM described the reform as a “pyrrhic victory for the industry”—and one that they intend to fight with the legal assistance of Barr, who now serves as a partner at the firm Torridon Law. Barr’s firm previously represented SAM last year in asking the Drug Enforcement Administration (DEA) to extend the public comment period for the cannabis rescheduling proposal. Because current Attorney General Pam Bondi has not yet signed off on the proposed rescheduling rule, which is the product of a scientific and legal review initiated under the Biden administration, no lawsuit has been filed yet. But should that happen, Sabet said SAM intends to sue in the court system while also petitioning DEA to move cannabis back to Schedule I. Sabet said that advocates have “failed in their attempt to legalize their products, banking, and they were dealt a huge blow with the new law outlawing Delta-8 and other synthetic pot products.” While there was some speculation that the executive order Trump signed would include a directive for Congress to pass a bipartisan marijuana banking bill, there weren’t expectations that the president would push for outright legalization through that action. Hemp stakeholders did get unwelcome news when the president signed a spending bill in November with provisions banning most consumable hemp products, but Trump also described a plan to revise the law to allow for full-spectrum CBD products—including those that could be covered under Medicare for certain patients. Sabet also noted that advocates are “facing increased pressure in legalized states, with several now considering a rollback of such policies.” That includes proposed partial repeals of voter-approved legalization laws in Maine, Massachusetts and, most recently, Arizona. “Our two grassroots-led campaigns to repeal the commercial sales of marijuana in Maine and Massachusetts have already seen success, with more than 74,000 Bay Staters signing up in support and sending the measure to the state, where it will enter legislative review in January. It’s time to turn back the tide.” One of SAM’s chief arguments against rescheduling is their claim that, by allowing state-licensed cannabis operators to take federal tax deductions available to other industries, the modest reform would enable them to further expand in a way that would widen availability of marijuana products. To that end, the organization worked with bicameral GOP lawmakers on a billed titled “No Deductions for Marijuana Businesses Act,” which would continue to block cannabis businesses from taking those federal tax deductions under Internal Revenue Service (IRS) code 280E, regardless of rescheduling. “The struggle for sane public-health policy is a long and difficult one. We have won major victories in it and will continue to do so. Marijuana belongs in Schedule I under the terms of federal law,” Sabet said, adding that rescheduling means “the legalizers have failed in fully legalizing marijuana—but we must fight on. And we will.” Back in September, the federal Substance Abuse and Mental Health Service Administration (SAMHSA) hosted the SAM president for an event focused on cannabis use trends and youth prevention, giving the organization a prominent platform for a discussion that largely promoted an anti-reform agenda. SAM and 21 other prohibitionist groups also recently filed a brief with the U.S. Supreme Court, urging justices to uphold the constitutionality of a federal gun ban for people who use cannabis—which they claim is associated with violence and psychosis. Photo courtesy of Philip Steffan. The post Anti-Marijuana Group Hires Trump’s Former Attorney General For Lawsuit To Block Rescheduling Move Directed By President appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Poll: Marijuana consumers don’t support hemp ban; USDA rule limits loans over cannabis services; Medical marijuana patients’ needs op-ed Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… BREAKING: Journalism is often consumed for free, but costs money to produce! While this newsletter is proudly sent without cost to you, our ability to send it each day depends on the financial support of readers who can afford to give it. So if you’ve got a few dollars to spare each month and believe in the work we do, please consider joining us on Patreon today. https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW The U.S. Department of Agriculture is defending its decision to adopt a rule blocking companies that provide services to marijuana businesses from utilizing a government loan guarantee program—saying that while “many states have legalized” cannabis, it is “currently listed as a schedule I substance under the Controlled Substances Act.” Rep. Jerrold Nadler (D-NY) is accusing House Oversight and Government Reform Committee Chairman James Comer (R-KY) of trying to “invalidate” marijuana pardons issued by former President Joe Biden as part of an investigation into the use of an autopen device during his administration. A new NuggMD poll shows that 82 percent of marijuana consumers in state-legal markets oppose the federal recriminalization of hemp THC products that President Donald Trump signed into law. Jordan Tishler, MD of the Association of Cannabinoid Specialists argues in a new Marijuana Moment op-ed that states should “make it feasible—and attractive—for dispensaries to prioritize medical cannabis patients instead of treating them as an afterthought in a recreational market.” / FEDERAL The Substance Abuse and Mental Health Services Administration posted a toolkit for January’s Substance Use Disorder Treatment Month. A former Immigration and Customs Enforcement special agent authored an op-ed urging North Carolina lawmakers to legalize marijuana. Sen. Amy Klobuchar (D-MN) sent a press release about her efforts to change the recently approved federal recriminalization of hemp THC products. / STATES Virginia’s Senate president pro tempore tweeted that “Retail Cannabis Markets” is one of her New Year’s resolutions. A Maine marijuana tax increase went into effect. A new Oklahoma law requiring doctors to register with the state in order to be able to recommend medical cannabis took effect. A new Washington State state law easing marijuana advertising restrictions took effect. Colorado regulators issued a health and safety bulletin about marijuana products with pesticides above acceptable limits. Illinois state agencies released annual cannabis reports. Missouri regulators published a report on cannabis microbusiness activity. Washington, D.C. officials shuttered more unlicensed cannabis businesses. California regulators sent updates on various cannabis issues. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / SCIENCE & HEALTH A review concluded that “industrial hemp flower oil emerges as a promising natural anti-inflammatory nutraceutical for acne management.” A study suggested that “microwave-assisted synthesis provides an efficient route to CBN production and that CBN may serve as a promising candidate for the treatment of inflammatory skin diseases such as psoriasis.” / ADVOCACY, OPINION & ANALYSIS The chair of the Florida Democratic Party tweeted about state officials moving to invalidate signatures for a marijuana legalization initiative, saying, “First [Gov. Ron DeSantis (R)] and his friends stole your money, now they literally want to steal your voice. This isn’t just about legalizing weed, these corrupt politicians who don’t give a f**k about you, all need to just go.” / BUSINESS FLUENT Corp. completed the sale of its Pennsylvania operations to HIVE Holdings, Inc. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post Congressional dispute over Biden’s cannabis pardons (Newsletter: January 2, 2026) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Four in five marijuana consumers say they oppose the recriminalization of hemp THC products under a spending bill President Donald Trump signed into law in November—weeks before he issued a cannabis rescheduling order and took steps to protect access to full-spectrum CBD. The current law as enacted, however, would redefine hemp in a way that industry stakeholders argue would effectively eradicate the sector that Trump legitimized during his first term when hemp was federally legalized under the 2018 Farm Bill. Though there’s been some splintering between marijuana and hemp interests over the THC ban, which is set to take effect next November, an overwhelming majority of cannabis consumers (82 percent) say they’re against the pending policy change. That’s according to a new poll from the cannabis telehealth platform NuggMD, which asked marijuana users to weigh in on the hemp THC recriminalization provisions of the law. Just 4 percent of respondents said they support the ban, while 15 percent said they don’t have an opinion about the policy. Q: “The president recently signed legislation that re-criminalizes hemp-derived THC, which was made legal in 2018. Do you support or oppose this policy?” n: % I oppose the policy. THC from hemp should be legal. 365 81.5% I don’t have an opinion on the policy. 67 15.0% I support the policy. THC from hemp should be prohibited. 16 3.6% The survey involved interviews with 448 cannabis consumers who live in state-legal markets from December 4-14, with a +/-4.63 percentage point margin of error. The poll was conducted weeks before Trump signed an executive order directing the attorney general to complete the process of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). Part of that announcement also hold implications for the forthcoming hemp law. The president’s executive order also urged Congress to examine updating the definition of hemp to ensure that full-spectrum CBD is accessible to patients. A further redefinition of hemp would be part of a novel proposal to allow Medicare recipients to access non-intoxicating CBD that’d be covered under the federal health care plan. To effectuate that, the Centers for Medicare & Medicaid Services (CMS) will be announcing “a model that will allow a number of CMS beneficiaries to benefit from receiving CBD under doctor recommendation at no cost,” a White House official said during a briefing that Marijuana Moment first reported leaked details from ahead of the signing event. “The December 18 Executive Order on cannabis makes it clear that the White House has a real CBD agenda,” Andrew Graham, communications director of NuggMD, told Marijuana Moment. “We polled the popularity of Congress’s latest efforts to regulate hemp because, right now, that policy is a major obstacle to that agenda.” “Cannabis consumers are the primary stakeholders in this policy debate because another ban on hemp THC affects them directly, so their voice belongs in the conversation,” he said. “Beyond that, there is also a practicality question about the ban, because I don’t know how you’d make federal policy that bans THC but does not ban CBD. Given the existing popularity of hemp THC products, this strikes me as a pick-a-lane situation and I won’t pretend to know which side will prevail.” Trump seemed endorse a more flexible CBD policy over the summer when he shared a video calling for that specific reform while promoting the health benefits of cannabidiol, particularly for seniors. Meanwhile, a recently filed Republican-led congressional bill would stop the implementation of the hemp ban under the enacted appropriations legislation. Hemp businesses and industry groups have warned about the potential ramifications of the ban, but despite his support for states’ rights for cannabis and a recent social media post touting the benefits of CBD, Trump signed the underlying spending measure into law without acknowledging the hemp provisions. GOP political operative Roger Stone said recently that Trump was effectively “forced” by Republican lawmakers to sign the spending bill with the hemp THC ban language. However, a White House spokesperson said prior to the bill signing that Trump specifically supported the prohibition language. The Democratic governor of Kentucky said that the hemp industry is an “important” part of the economy that deserves to be regulated at the state level—rather than federally prohibited, as Congress has moved to do. Also, a leading veterans organization is warning congressional leaders that the newly approved blanket ban on consumable hemp products could inadvertently “slam the door shut” on critical research. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Since 2018, cannabis products have been considered legal hemp if they contain less than 0.3 percent delta-9 THC on a dry weight basis. The new legislation specifies that, within one year of enactment, the weight will apply to total THC—including delta-8 and other isomers. It will also include “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).” The new definition of legal hemp will additionally ban “any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use” as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant or not capable of being naturally produced by it. Legal hemp products will be limited to a total of 0.4 milligrams per container of total THC or any other cannabinoids with similar effects. Within 90 days of the bill’s enactment, the Food and Drug Administration (FDA) and other agencies will need to publish list of “all cannabinoids known to FDA to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer reviewed literature,” “all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant” and “all other known cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids.” The language slightly differs from provisions included in legislation that had previously advanced out of the House and Senate Appropriations panels, which would have banned products containing any “quantifiable” amount of THC, to be determined by the HHS secretary and secretary of agriculture. The post 4 In 5 Marijuana Consumers Oppose Hemp THC Ban Trump Signed Ahead Of Rescheduling And CBD Access Order, Poll Shows appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A Democratic congressman is accusing a top GOP colleague of attempting to “invalidate thousands of lawful pardons” that former President Joe Biden issued to people who’ve committed federal marijuana possession offenses. Rep. Jerrold Nadler (D-NY)–the lead sponsor of a cannabis legalization bill called the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act—responded to comments from House Oversight and Government Reform Committee Chairman James Comer (R-KY), who applauded President Donald Trump’s recent cannabis rescheduling order and recognized racial disparities in marijuana enforcement. Comer said that there’s evidence of “injustice” in cannabis prohibition, stating that a person can “make the argument that it’s racist” given that “there aren’t many people that aren’t minorities that are in prison for marijuana possession.” He made similar remarks in September. Nadler, who previously chaired the House Judiciary Committee said his colleague is “right” that there’s “deep injustice in how our outdated marijuana laws have been enforced.” However, he said, simply moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) as Trump’s order directs the attorney general to do “won’t end federal criminal penalties, won’t expunge records, and won’t free people still imprisoned solely for low-level marijuana offenses.” My colleague is right, there is a deep injustice in how our outdated marijuana laws have been enforced. But rescheduling won’t end federal criminal penalties, won’t expunge records, and won’t free people still imprisoned solely for low-level marijuana offenses. If Chair Comer… https://t.co/Vrf0ZaT9Qv — Rep. Nadler (@RepJerryNadler) December 16, 2025 “If Chair Comer wants to help end this injustice, I invite him to cosponsor my MORE Act, which would decriminalize marijuana and begin repairing the harm these policies have caused,” Nadler said, referring to his bill that passed the House twice under Democratic majorities. He added that he’d urge Comer to “stop trying to invalidate thousands of lawful pardons granted to people convicted of low-level marijuana offenses.” That latter point raised some eyebrows, especially given Comer’s relative openness to cannabis reform compared to many of his GOP colleagues. But it appears to be related to a broader committee investigation into Biden’s use of an “autopen” to approve clemency actions without personally signing each individual order. The chairman hasn’t said it’s his intention to invalidate the cannabis pardons, but Nadler evidently believes they could be caught up in the broader review into the former president’s pardon actions. Marijuana Moment reached out to Nadler’s office about the issue, and a staffer shared a copy of the committee report titled “The Biden Autopen Presidency,” acknowledging that while it “focuses heavily on President Biden’s pardons issued toward the end of his Administration, it goes much farther.” “The report states that if an executive action was signed via autopen without clear written proof that the President personally approved it, the action shouldn’t count,” the staffer said. “It also calls on the Justice Department to review ALL of President Biden’s executive actions, particularly clemency actions, to determine whether any should be undone.” As part of the investigation, the committee also cited comments from several former Biden staffers who shed light on the mass marijuana pardons and cannabis rescheduling process they helped facilitate, revealing the extent to which they were involved in broader clemency actions that are under scrutiny by GOP leaders. Again, whether the cannabis clemency actions could be reversed as part of a broader review into the “autopen” issue remains to be seen. President Donald Trump during his first term issued various drug-related pardons and has said he doesn’t feel people should be in jail over simple marijuana possession. What’s more, altering the cannabis clemency record of the Biden administration would seem to be at odds with Trump’s recent executive order directing the attorney general to expeditiously complete the marijuana rescheduling process. But while Nadler argued that Comer could better address enforcement disparities by supporting his MORE Act, the chances of that legislation passing under the Republican-controlled Congress is doubtful. Comer’s own position is that, while it seems apparent that there’s racial bias in cannabis criminalization, Democrats’ more sweeping proposals to promote equity as part of a legalization plan go too far. Comer’s office did not respond to Marijuana Moment’s requests for comment for this story. Photo courtesy of Chris Wallis // Side Pocket Images. The post GOP Committee Chair Wants To ‘Invalidate’ Biden’s Marijuana Pardons Through Autopen Investigation, Democratic Congressman Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“If cannabis is medicine, why is the system built as if it were only a retail commodity?” By Jordan Tishler, MD, Association of Cannabinoid Specialists Currently, medical cannabis programs across the United States are dwindling. This is directly a result of these programs being deprioritized in favor of recreational programs and being regulated in a manner that neither provides support to clinicians to do their jobs, nor value to patients who need safe, effective products and expert medical guidance to achieve benefit. Among the many problems baked into these medical cannabis programs, the financial requirements to become a medical dispensary actually disincentivize dispensaries from participating. States must overhaul cannabis rules to make it feasible—and attractive—for dispensaries to prioritize medical patients instead of treating them as an afterthought in a recreational market. What Eastham Shows Us A recent article in the Provincetown Independent discusses the issues confronting the owners of a dispensary in Eastham, Massachusetts who have decided to swim upstream and apply for a medical license—a truly rare occurrence these days. It has to be asked why new medical dispensaries are so rarely opened these days. In fact, Massachusetts has lost a significant number of medical dispensaries in the past year. Emerald Grove’s plan to add medical marijuana services, in a market crowded with recreational options, has been stymied by out-of-date and disincentivizing state regulation. The article notes that critics of state rules argue that a shift toward prioritizing medicinal use is needed, underscoring that current policy treats medical access as incidental to the non-therapeutic (aka recreational) industry rather than as a core public health service. Medical patients on the Outer Cape, like elsewhere in Massachusetts, often travel long distances or navigate complex systems to find knowledgeable clinicians, consistent products and medically oriented counseling—needs that are not reliably met in a purely recreational framework. When a single dispensary’s decision to add medical services becomes newsworthy, that is not a sign of healthy access; it is a red flag that the system is failing patients. How Current Rules Undermine Medical Care From the perspective of practicing cannabinoid medicine, several regulatory features consistently undermine the development of robust medical programs. These include: Licensing structures that treat medical service as an optional add-on to recreational stores, rather than as a distinct health-care function with its own standards and incentives. Fees and tax policies that make medical operations financially marginal compared with recreational sales, pushing operators to focus on tourists and high-volume nonmedical consumers. Lack of tax and other incentives to consumers to encourage them to seek medical care for their illnesses. Current incentives only encourage high volume users to seek “certification” in order to obtain excessive amounts of product. Lack of mandated prescribing by trained cannabinoid clinicians, so “medical” offerings are often little more than branding, with no real clinical guidance or follow-up. Association of Cannabinoid Specialists (ACS) was founded precisely because patients are uniquely vulnerable in this space and have very different needs from recreational users. When regulations blur or ignore that distinction, patients with cancer, chronic pain, PTSD, and other conditions are left to self-experiment under the guise of “advice” from untrained retail staff. What Patients Actually Need For cannabis to function as medicine, patients need access not just to products, but to a system designed around clinical care. That means: Dispensaries that commit to medical programs with binding prescriptions, documentation standards and coordination with the patient’s Cannabinoid Specialist clinicians. Clinicians who understand dosing paradigms, interactions and risk mitigation, and who can tailor regimens to complex comorbidities. Product lines that are consistent, labeled to medical standards and available reliably over time so that titration and monitoring are meaningful. States that treat cannabis primarily as a tax-revenue generator will not get this kind of system by accident. It must be built intentionally through regulation that privileges patient care over volume sales. Regulatory Changes States Should Enact From ACS’s perspective, several concrete reforms are essential if states want medical dispensaries like the one in Eastham to flourish rather than watching these programs dwindle and disappear. Key changes include: Maintaining distinct medical licenses with fees reduced below those of recreational stores, streamlined applications and regulatory stability in exchange for meeting higher clinical standards. Requiring formal prescriptions to be written by qualified cannabinoid clinicians, including written care protocols and documented patient education, and requiring that licensed medical dispensaries honor those prescriptions without modification or addition. Establishing product standards and testing tailored to medical use, such as tighter tolerances on labeled cannabinoid content and clear guidance on excipients. Further, such products must always be available to patients. These are not theoretical tweaks; they are practical tools for building a stable ecosystem in which operators have a reason to invest in medical services instead of quietly abandoning them when margins tighten. A Call to Lawmakers and Regulators The Eastham example should prompt state policymakers to ask a simple question: if cannabis is medicine, why is the system built as if it were only a retail commodity? Legislators, regulators and municipal officials must partner with organizations like ACS to redesign rules so that medical care is not a side project of the recreational industry, but its own pillar of the health-care system. Patients deserve access to knowledgeable clinicians, medically focused dispensaries and products that support real treatment, not just trial-and-error self-use. States that are willing to revise their regulations accordingly will see more Emerald Groves choosing to offer true medical cannabis services—and more patients getting the care they were promised when medical legalization first passed. Jordan Tishler, MD is the president of the Association of Cannabinoid Specialists. The post Patients Need More Medically Focused Cannabis Dispensaries (Op-Ed) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The U.S. Department of Agriculture (USDA) is defending its decision to adopt a rule adding restrictions on companies that provide services to marijuana businesses, making it so participants in a particular government loan guarantee program are prohibited from receiving income from cannabis operations. After posting the finalized rule in October 2024—amending a guaranteed loan program called OneRD through USDA’s Rural Utilities Service—the agency published a notice in the Federal Register last month responding to comments on the marijuana-related policy change. Regarding cannabis, the rule bars lenders from working with an entity “if it derives income from illegal drugs, drug paraphernalia, or any other illegal product or activity as defined under Federal statute.” “A borrower that intends to lease space or enter into a power purchase agreement with a marijuana dispensary is not eligible,” the rule says, “given our borrower would be receiving income from the marijuana operation which is a violation of Federal laws as marijuana is a controlled substance under Federal law and subject to Federal prosecution under the Controlled Substances Act (21 U.S.C. 812).” USDA said in the latest notice that all four people who comments on the rule “indicated disagreement with the Agency’s decision to prohibit an entity that receives income from marijuana operations from receiving Agency assistance.” “The Agency is aware that many states have legalized the production and sale of marijuana; however, marijuana is currently listed as a schedule I substance under the Controlled Substances Act,” it said. “As noted in the regulation any entity that derives income from illegal drugs, drug paraphernalia, or any other illegal product or activity are ineligible under Federal Statute.” “No change to the rulemaking is necessary,” it said. “The Agency appreciates the comments received. The Agency confirms the final rule without change.” It’s unclear whether the rule could be impacted if the attorney general follows through with President Donald Trump’s recent executive order directing the completion of a process to move marijuana from Schedule I to Schedule III of the CSA. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Meanwhile, although the USDA rule is another reminder of the complications around the state–federal conflict on marijuana laws, the agency has been working to bolster the hemp industry since the legalization of that crop through the 2018 Farm Bill, including by appointing a number of industry stakeholders to a federal trade advisory committee that’s meant to support efforts to promote U.S.-grown cannabis around the world. It also remains to be seen how the department will navigate a newly enacted law reimposing a federal ban on most consumable hemp products, which is the most profitable sector of the market. In addition to directing marijuana rescheduling, Trump also took steps to remediate that policy change, which is currently set to be implemented next November. Specifically, he called for access to full-spectrum CBD products. The president said the cannabinoid holds therapeutic potential and should be covered for certain patients under Medicare. Photo courtesy of Philip Steffan. The post Feds Defend Decision To Block Companies That Work With Marijuana Industry From Participating In Loan Program appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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