Cannabis and Hemp Law for Practitioners: Litigation, Licensing, and Compliance (On-Demand)

Course Description

This course examines the rapid evolution of U.S. cannabis and hemp law as of September 2026. While states have enacted sweeping reforms and the hemp market has expanded significantly, federal statutory law governing cannabis remained largely unchanged since the early 1970s: a status quo disrupted in Spring 2026 by landmark shifts in federal medical cannabis policy. Concurrently, the hemp sector faces an existential threat from an impending revision to the federal definition of hemp, set to take effect on November 12. This change threatens to prohibit most intoxicating hemp products currently on the market, though ongoing congressional budget negotiations this fall could delay implementation to December.

Principles

• Cannabis law requires practitioners to navigate a dual federal-state system.
  • Even as states have broadly legalized or regulated cannabis, federal law remains a critical constraint. Practitioners must understand theControlled Substances Act, federal enforcement and policy changes, state reforms, and the interaction between the two regimes when advising clients.
• Federal policy changes can rapidly reshape cannabis businesses and litigation strategies.
  • The course highlights the significance of the April 22, 2026 DOJ Final Order concerning medical cannabis, as well as developments involving adult-use rescheduling and additional federal legislation. Lawyers must monitor federal administrative and legislative developments because they can materially affect licensing, enforcement exposure, market access, and litigation.
• Cannabis compliance extends beyond licensing into finance, taxation, and commercial operations.
  • Practitioners need to consider issues such as IRC §280E, banking and FinCEN guidance, capital access, bankruptcy, and exchanges. A legally licensed cannabis business can still face substantial federal tax, financial-services, and insolvency challenges.
• Hemp presents a distinct—and rapidly changing—legal framework.
  • The 2014 and 2018 Farm Billscreated the foundation for the modern hemp industry, but subsequent state reforms and litigation have produced significant uncertainty over the boundary between lawful hemp and regulated cannabis. Practitioners must distinguish statutory definitions from evolving regulatory interpretations and state-law treatment.
• Regulatory deadlines and product-definition changes create immediate compliance risks.
  • The impending federal change to the definition of hemp—scheduled for November 12, 2026, subject to potential congressional delay—could significantly affect intoxicating hemp products currently on the market. Lawyers should therefore approach cannabis and hemp matters as dynamic compliance problems, emphasizing regulatory monitoring, contingency planning, licensing strategy, and rapid response to legislative or administrative changes.

Syllabus

1. Cannabis
   • History of Cannabis in the United States
   • Controlled Substance Act basics
   • April 22, 2026 DOJ Final Order and Medical Cannabis
   • International Considerations
   • 280E
   • Bank Services and Regulations
   • FinCEN Guidance 2014
   • Federal Changes and Capital Access
   • Bankruptcy
   • Exchanges
   • Adult Use Rescheduling
   • Additional Legislation
2. Hemp
   • 2014 Farm Bill
   • 2018 Farm Bill
   • Loophole v. patient access
   • State litigation
   • State reforms
   • Impending Federal Definition Change
   • CMS and Innovation Center’s Substance Access Beneficiary Engagement Incentive
   • Alcohol Industry
   • Budget Negotiations and Possible Delay