Top 10 National Cannabis Stories of 2022

As we near the end of 2022, let’s take a look at the top 10 national cannabis stories of the year. Here are what we think are the most important cannabis stories of 2022.

1) Joe Biden’s statement on cannabis

On October 6, 2022, President Biden announced that he would pardon all federal offenses of simple possession of marijuana, require governors to do the same for state offenses, and direct his administration to initiate procedures to reclassify or write off cannabis.

The Department of Justice and the Department of Health and Human Services have the power under federal law to remove marijuana from Schedule I of the Controlled Substances Act (CSA). Biden’s announcement could very well be the beginning of the end for federal cannabis prohibition.

You can read more about this development here:

Photo by Jeff Swensen/Getty Images

2) Law to Expand Research on Medical Marijuana and Cannabidiol is signed

In December, President Biden signed the first-ever standalone cannabis law into law. The new law will allow US researchers to study cannabis without cutting as much red tape. Research conducted under this new law could be used to reevaluate marijuana’s status as a Schedule I substance.

For more information, see our blog post, The New Marijuana Research Bill is Another Sign that Federal Prohibition is Ending.

3) Challenges related to dormant commercial clauses

In 2022, several states faced legal challenges related to the Dormant Commerce Clause (DCC). The DCC is based on the Commerce Clause in the Constitution, which gives Congress the power to regulate interstate commerce. The DCC is a well-established legal doctrine that states that states are prohibited from making laws that discriminate against or unduly burden commerce between states because the Constitution gives the federal government the power to regulate commerce between states.

In August, a federal judge removed Maine’s residency requirement for cannabis businesses, as reported by MJBizDaily. Regulators in New York faced a similar challenge. The Green Light Law Group has sued the state of Oregon on behalf of Jefferson Packing House, alleging that Oregon’s cannabis export ban violates the DCC.

You can read more about this case and the DCC problem in New York here:

Photo by Jeff Swensen/Getty Images

4) US Court of International Trade allows importation of cannabis paraphernalia

In Eteros Technologies USA v. United States, the US Court of International Trade ruled that Washington’s lifting of certain prohibitions relating to marijuana drug paraphernalia exempted the federal ban on the entry of drug paraphernalia into Washington ports.

For a more detailed analysis of the case and what it means for companies importing cannabis-related goods, see Cannabis Paraphernalia: Custom and Border Protection Loses Case

5) DEA considers cannabis seeds with less than 0.3% THC to be hemp and not marijuana

In January, a letter from the DEA stated that the agency did not consider cannabis seeds with less than 0.3% THC to be marijuana. Instead, the DEA considers such seeds to be hemp, which is legal federally, albeit tightly regulated, rather than a controlled substance.

Read more here: DEA declares that marijuana seeds below the THC limit are legal hemp

6) Federal Court Ruling Delta-8 Smokable products are federally legal hemp

On May 19, 2022, the United State Court of Appeals for the Ninth Circuit (9th Circuit) ruled that the plain and clear text of the Agricultural Improvement Act of 2018 (2018 Farm Bill) compelled the court to conclude that e-cigarettes and Vaping products containing Delta-8 THC are legal under federal law.

For full coverage of this decision, see: Federal Court Rules Hemp-derived Delta-8-THC is legal

7) FDA Targets CBD and Delta-8 in Warning Letters

The FDA sent more enforcement letters to CBD companies in 2022 than in any previous year, with the most recent batch, sent out in November, bringing the total to 33. The FDA has also expanded its focus on products containing delta-8 THC.

Read more here:

Photo by Christopher Annis/Getty Images

8) Minnesota is (probably unintentionally) largely legalizing hemp-derived THC

Over the summer, Minnesota lawmakers passed legislation allowing THC-infused foods and beverages up to 5 milligrams per serving and 50 milligrams per container, but legalized “marijuana” (ie, cannabis plants with a THC concentration greater than 0, 3%) not complete. .

Instead, THC products in Minnesota must be derived from hemp plants and must not exceed a total concentration of 0.3% Delta-9 THC. This makes Minnesota a hotspot for hemp products with intoxicating THC levels, at least temporarily. While a single product can only contain 50 milligrams of THC, there is no limit to how many such products a person can purchase or own.

This issue is covered in detail here: Minnesota Legalizes THC and May Open New Market for Oregon Hemp Producers

9) Advances in cannabis reform

On election night, five states were considering cannabis-related initiatives that would legalize cannabis in just two passes. Despite these high-profile losses, 2022 saw major legislative victories for cannabis.

A detailed list of these developments can be found in NORML’s 2022 Legislative Report

10) Brittney Griner returns home

Brittney Griner, a two-time Olympic gold medalist, WNBA champion and Phoenix Mercury All-Star, has spent nearly 10 months in Russian custody for possessing less than a gram of cannabis oil. On December 8, President Biden announced their release as part of a prisoner swap with Russia. She is now safely back in the US. Hopefully, seeing the harsh penalties imposed by Russia will prompt the Biden administration to speed up legalization in the US.

For more information on Griner’s release, see this article by NBC News’ Char Adams: Black Women Played a Critical Role in Helping to Free Brittney Griner.

Daniel Shortt is a Seattle, Washington-based corporate and regulatory attorney who works extensively with entrepreneurs in the cannabis industry. You can reach him at info@gl-lg.com or (206) 430-1336. This article originally appeared on the Green Light Law Group and has been republished with permission.