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  • Jan 25, 2024
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Miss. Beats 1st Amendment Challenge To Cannabis Ad Ban and More

In the days of the Armada, a fleet of warships, the scuttlebutt was the rumor or gossip that would spread throughout the ship. Today, Armada Law Corp presents The Scuttlebutt, a daily summery of news articles that people within the cannabis, hemp and plant medicine industries are chatting about along with links to the full articles.

In today’s news:

MedMen CEO, Executive Chairman Both Step Down; Restructuring Officer Named

#cannabisindustry – “Florida-based multistate cannabis operator MedMen Enterprises Inc. announced Jan. 24 that its CEO stepped down last week and its executive chairman stepped down this week.

Ellen Deutsch Harrison, who had served seven months as the company’s CEO, also resigned her position as a board member, effective Jan. 19. Harrison had previously served as Acreage Holdings’ senior vice president of Market Development and Shared Services before joining Acreage last July. She also previously worked as chief operating officer at Stem Holdings.

Michael Serruya, who had served on MedMen’s board since August 2021 and was the company’s executive chairman since November 2021, stepped down from the board, effective Jan. 24. Serruya originally joined MedMen’s board as part of a $100 million investment in the company by Serruya Private Equity. He is a seasoned cannabis investor.

Additionally, MedMen announced Jan. 24 that its board appointed Richard Ormond as “chief restructuring officer.” The company did not provide further details….”

Read More: https://www.cannabisbusinesstimes.com/news/medmen-ceo-executive-chairman-resign-restructuring-cannabis/

How $1 Million Of NFL Funding Will Be Used For Cannabis And Concussion Research

#cannabisindustry – “A three-year study, funded by the National Football League, has been approved to investigate the potential of CBD for preventing concussion in players.

The study, which will also explore whether cannabinoids can be used as an alternative to opioids for pain management, hopes to address an unmet need among athletes at risk of head injuries on the field.

In 2022, the NFL announced it was putting forward $1 million in funding to investigate the use of cannabinoids in the treatment of concussions and for alternative pain management.

Researchers at the University of Regina in Canada received $500,000 to conduct the study which has now received approval from Health Canada and is to begin recruiting participants this month….”

Read More: https://www.forbes.com/sites/sarahsinclair/2024/01/24/how-1-million-of-nfl-funding-will-be-used-for-cannabis-and-concussion-research/?sh=55032f554e03

DOJ Moves to Stop Cannabis Lawsuit

#cannabislawsuit – “The DOJ (U.S. Department of Justice) is seeking to dismiss a lawsuit filed by several cannabis companies, including Verano Holdings and Canna Provisions. The lawsuit challenges the federal prohibition of cannabis in states that have legalized it, arguing that the Controlled Substances Act (CSA) should not apply within these states. The DOJ, in its motion to dismiss, contends that the plaintiffs lack standing and finds their arguments unconvincing. The federal government maintains that the regulation of intrastate marijuana activities is constitutional and that there is no fundamental right to distribute, possess, or use marijuana.

The plaintiffs assert that the enforcement of the CSA against state-legal activities undermines state marijuana programs, harms businesses, and threatens public safety. They seek a declaratory judgment that the CSA is unconstitutional as applied to intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law. They also request an injunction preventing the DOJ from enforcing the CSA in a way that interferes with these intrastate activities….”

Read More: https://thedalesreport.com/cannabis/doj-moves-to-stop-cannabis-lawsuit/

What Overturning Chevron Could Mean for Cannabis

#cannabislaw – “If the United States Supreme Court overturns the longstanding Chevron deference, which is not unlikely considering the mien of certain justices during recent oral arguments as well as a general antipathy to the doctrine that has developed over the years, the impact is anticipated to be felt far and wide, though some court watchers think it would be a long overdue rebalancing act.

As explained by Politico in the run-up to the orals held last Wednesday, “Named after the 1984 Supreme Court case in which it was articulated, the doctrine says that when a law Congress has passed is ambiguous, judges should defer to an agency’s interpretation if it’s reasonable. The idea was to prevent judges from second-guessing often-technical decisions by agencies with expertise.”

Chevron has been cited frequently by federal and state courts for decades, but now it is being reconsidered by a SCOTUS that ironically may have less deference to the administrative state than any high court in recent memory. Now, with Chevron on the menu, per Politico, “The court appears to be headed toward making it much easier for judges to strike down policies crafted by federal bureaucrats when the congressional authorization for those policies isn’t crystal clear.””

Read More: https://www.cannabisbusinessexecutive.com/2024/01/what-overturning-chevron-could-mean-for-cannabis/

Miss. Beats 1st Amendment Challenge To Cannabis Ad Ban

#cannabislaw – “A Mississippi federal judge Monday tossed a suit alleging state regulations restricting marijuana advertising violate licensed business operators’ First Amendment right to free speech, saying the relief sought would constitute an unwarranted intrusion by a federal court on state’s rights.

U.S. District Judge Michael P. Mills granted the Mississippi health regulator’s motion to dismiss the suit filed by Clarence Cocroft and his DeSoto County-based Tru Source Medical Cannabis LLC, saying there is a “myriad of reasons” why the cannabis dispenser’s suit failed.

The judge noted that Cocroft “candidly” admitted that if it prevailed, it would advertise on billboards and fill the airwaves with ads for the dispensary, which is something the Mississippi legislature forbade when it legalized marijuana for medical use in 2022….”

(PAYWALL) Read more at: https://www.law360.com/publicpolicy/articles/1788795/miss-beats-1st-amendment-challenge-to-cannabis-ad-ban?copied=1