In their latest column for Westlaw Today and ThomsonReuters, Alexander Malyshev and Sarah Ganley of our Cannabis, Hemp & CBD industry group discuss opposition efforts to legalization of cannabis that seek to influence laws and policy at the state and federal levels.
State-level cannabis legalization efforts in the United States have accelerated over the last decade, especially in the wake of the 2018 Farm Bill, which legalized “hemp” (cannabis with very low levels of naturally occurring Delta-9 THC, the intoxicating cannabinoid found in cannabis). Hemp, in turn, ushered in a nationwide market for CBD, and “Delta-8” intoxicating products which market participants claim is exempt from federal cannabis prohibitions (because the definition of cannabis depends on the concentration of Delta-9 THC).
The proliferation of these products, difficulties of regulating state-level cannabis programs, and more traditional opposition to cannabis legalization, have all contributed to a reactionary anti-legalization movement that has been making inroads directed at slowing or reversing the tide of broad legalization at the state and federal levels using a variety of interrelated approaches, encompassing legal, political, and social strategies aimed at reshaping public perception and influencing policymakers.