In their latest column for Thomson Reuters and Westlaw Today, Alex Malyshev and Sarah Ganley of the Firm’s Cannabis industry group discuss the intensified federal and state pushback against intoxicating hemp-derived cannabinoids like delta-8 THC and delta-10 THC, compounds that flourished in what many perceived to be a legal gray zone opened by the 2018 Farm Bill.
Courts across multiple jurisdictions have now affirmed states’ broad authority to restrict or ban intoxicating hemp products, rejecting the industry’s reliance on federal preemption, due process, and commerce clause theories.