Market & legal data of the cannabis sector in North America

26th July 2024: US - Wyoming: A court has denied a preliminary injunction to prevent the state from enforcing the recently passed Senate File (SF) 32. SF 32 bans the sale of hemp products containing delta-8 THC or any synthetic substances and applies a post-decarboxylation calculation for THC in hemp products. The lawsuit was brought by several hemp companies in the state, who claimed that SF 32 is preempted by the federal 2018 Farm Bill. The new law took effect on 1st July and will now remain in effect while the underlying lawsuit is litigated.
25th July 2024: Canada: Health Canada has released a new webpage with contact information for cannabis and industrial hemp licence holders, applicants and the industry.
19th July 2024: US - Ohio: The Ohio Division of Cannabis Control (DCC) has issued a series of cease-and-desist letters to manufacturers of delta-8 THC products that allegedly used packaging to resemble popular food items and appeal to children, press reports. The warning letters come on the heels of similar enforcement action taken by federal authorities.
18th July 2024: US - Delaware: House Bill (HB) 408 has been signed into law by governor John Carney. HB 408 allows temporary “conversion licences” to permit medical cannabis dispensaries to distribute recreational cannabis if certain conditions are met. It also allows the Delaware Office of the Marijuana Commissioner (OMC) to open applications for conversion licences by 1st August of this year. Delaware legalised recreational cannabis last year, but sales have not yet begun.
17th July 2024: US - Federal: The US Federal Trade Commission (FTC) and Food and Drug Administration (FDA) have issued another round of cease-and-desist letters to five companies allegedly producing copycat delta-8 THC edible products. The letters focus on the risk of consumption by children and overconsumption due to confusing and misleading packaging that resembles popular food products. The FDA has not approved any cannabinoid as a food ingredient, which provides the agencies with authority to take enforcement action. The agencies took similar action against six companies in July 2023.
15th July 2024: US - Pennsylvania: Governor Josh Shapiro has signed into law Senate Bill (SB) 654, which encompasses the state budget for the next fiscal year. Included in the approved budget is tax relief for licensed medical cannabis cultivators and processors. Those licensees will be allowed to deduct from their state tax bill the amount they would have been able to deduct from their federal taxes if it were not for the 280E restriction under federal law that prohibits deductions for companies who deal in Schedule I substances.
15th July 2024: US - New Hampshire: Governor Chris Sununu has signed into law House Bill (HB) 1349, which adds generalised anxiety disorder to the list of conditions for which medical cannabis can be prescribed. Sununu also vetoed HB 1581, which would have allowed Alternative Treatment Centers (ATCs) to add an additional cannabis cultivation site.
12th July 2024: US - Florida: The Florida Department of Agriculture and Consumer Services (FDACS) has banned two hemp companies from doing business in the state for allegedly selling products that unlawfully appeal to children. As part of the enforcement action, Just Brands agreed to a five-year ban on selling food or hemp products in the state, while High Roller Private Label agreed to a two-year ban on manufacturing hemp gummies. The FDACS alleges the companies violated Section 581.217(7) of Florida statutes, which prohibits hemp products that are “attractive to children”, and posted pictures of some of the products at issue on X.
11th July 2024: US - Federal: The House Appropriations Committee approved a provision in the 2025 budget that would prevent the US Department of Justice (DOJ) from spending federal funds to reschedule marijuana as a Schedule III drug, press reports. Although the provision presents a potential obstacle to the federal government’s rescheduling efforts, the budget still faces a lengthy process before approval, as it must be voted on by the entire House and Senate, the latter of which is controlled by Democrats, who are likely to oppose efforts to prevent the rescheduling.
11th July 2024: US - North Dakota: Organisers of a ballot initiative to legalise recreational cannabis in North Dakota say they have submitted more than 22,000 signatures, 15,582 of which must be valid for the measure to reach the November ballot. If enough signatures are validated, voters will decide whether adults (21+) will be allowed to possess, purchase and cultivate certain amounts of cannabis for personal use. The initiative would allow for 18 recreational cannabis dispensaries and 7 manufacturing facilities in the state.
5th July 2024: US - Nebraska: Organisers of ballot initiatives to legalise medical cannabis in Nebraska announced they have turned in 114,000 signatures each for two ballot measures, with 87,000 validated signatures necessary to reach the November ballot. One ballot measure – the Nebraska Medical Cannabis Patient Protection Act – would shield medical cannabis patients from penalties for possessing and using cannabis when they have a written recommendation from a healthcare practitioner, as well as shield prescribing doctors. The second – the Medical Cannabis Regulation Act – would establish the Nebraska Medical Cannabis Commission and require it to promulgate regulations for the production and distribution of medical cannabis. The Nebraska secretary of state must now validate the signatures to determine the initiatives have enough valid signatures to reach the ballot.
2nd July 2024: US - Federal: A federal district court has dismissed a lawsuit brought by several cannabis companies challenging the constitutionality of the federal government’s prohibition on marijuana. The dismissal was expected, as the issue was settled by the US Supreme Court in the 2005 case of Gonzales vs Raich. However, the plaintiffs contend that state cannabis laws have changed so significantly since 2005 that the issue should be re-examined. Despite the district court concluding that dismissal was necessary based on the Supreme Court precedent, it noted that the plaintiffs alleged “persuasive reasons for a re-examination”. The plaintiffs are almost certain to appeal.

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