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INCBA Statement on Recriminalization of Hemp in the United States

For immediate release  November 20, 2025  Last week, after the longest shutdown in US history, Congress re-opened the federal government after passing the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 . One effect of the bill is to recriminalize hemp-related activity previously made lawful under the 2018 Farm Bill by banning most hemp products that contain THC and other hemp-derived cannabinoids. The International Cannabis Bar Association (INCBA) recognizes that this new law will have a significant impact on the legal work of its attorney members and the businesses of their clients, in addition to the ongoing challenges to the cannabis industry as a whole and is prepared to meet the moment head on.   The legislative language requires, among other things, that upon the one-year anniversary of its enactment the definition of “hemp” will change to encompass total THC—including delta-9, delta-8...

CLE WEBINAR: The Indispensable Role of ADR in Cannabis Disputes | 11.05.2025

  WEBINAR FREE for Members $30 for Non-Members November 5, 2025 | 12pm PT / 3pm ET The Indispensable Role of ADR in Cannabis Disputes As more states regulate the use of adult-use or medical cannabis, including hemp, the quantity and variety of disputes is increasing nationwide. Many of these disputes are complex and nuanced and may be unlike those in any other industry. Deals in the cannabis industry are often made informally, may not be properly papered, and often rely upon what we think of as traditionally unavailable or unreliable witnesses. Traditional litigation is lengthy, divisive, expensive, and risky. The cost and outcome of litigation in this industry can destroy businesses, reputations, and chances for expansion into new markets. Moreover, the parties to civil disputes are often unable to afford to take even solid cases to trial, and the winners often come up empty-handed, with uncollectible judgments because of the instability of many businesses. In this environment, Al...

Trailblazers of Justice: Celebrating Black Legal Leaders in Cannabis Law and Criminal Justice Reform

As we honor Black History Month , it's a time to celebrate the incredible Black trailblazers who have shaped the American landscape, particularly in fields like cannabis law and criminal justice reform. The contributions of Black attorneys, judges, and legal scholars have been essential in challenging systemic inequities, advocating for fair policies, and advancing the legalization and decriminalization of cannabis. Meet ten visionaries whose bold advocacy has forever changed the fight for cannabis justice and equality.  Natacha Delinois Andrews – Founder and Executive Director of the National Association of Black Cannabis Lawyers (NABCL) As Founder and Executive Director of the National Association of Black Cannabis Lawyers (NABCL), Natacha Delinois Andrews leads the charge in diversifying the cannabis legal sector. Her pioneering work focuses on recruiting and training Black legal professionals for the rapidly expanding cannabis industry, while providing crucial legal resources t...

PROPOSED RESCHEDULING – UPDATED TIMELINE

  On May 21, 2024, the United States Department of Justice through the DEA issued a notice of proposed rulemaking (NPRM) proposing to transfer "marijuana" from Schedule I of the Controlled Substances Act to Schedule III. Schedules of Controlled Substances: Rescheduling of Marijuana, 89 Fed. Reg. 44597, 44597 (2024).    In an order dated August 29, 2024 (General Notice of Hearing or GNoH) , the DEA Administrator determined that in-person hearing proceedings are appropriate and fixed a December 2, 2024 commencement date at the DEA Hearing Facility.   On October 29, 2024, the DEA Administrator released a list of twenty-five “participants” (Designated Participants or DPs). However, the Hon. John J. Mulrooney, II, Chief Administrative Law Judge, issued a Preliminary Order on October 31 , stating that the DP list failed to specify whether the “participants” support or oppose the NPRM or how the “participants” satisfy the “interested person” definition set forth in th...

2nd European Cannabis Law Conference – INCBA Europe at CB Expo Dortmund in September 2024

Last September, the 2nd European Cannabis Law Conference took place in Dortmund, organized by the INCBA Europe conference team with Kai-Friedrich Niermann, Daniel Haymann, Marie Sanchez and Robert Jappie. The conference took place alongside the Cannabis Business Expo and Intertabac, the largest global tobacco trade fair. With 7 tracks and 28 speakers, current topics in global cannabis law were discussed over two days, from the reclassification of cannabis in the USA and its global consequences, semi-synthetic cannabinoids in the USA and Europe, GMP requirements, to the emerging market for medical cannabis in Ukraine and much more. The conference was accompanied by an extensive social program for networking, which the international cannabis legal scene thoroughly enjoyed.  Here are some session highlights:  Ukraine recently legalized medical cannabis and significantly de-regulated industrial hemp. The government and Ministry of health of Ukraine have approved subordinate legis...

International Cannabis Bar Association Explores #Cannabis and #Hemp Law in the 2024 Cannabis Law Sessions at MJBizCon

Las Vegas, NV – The International Cannabis Bar Association (INCBA) is excited to announce the 2024 Cannabis Law Sessions at MJBizCon, taking place on Tuesday, December 3, 2024, at the Las Vegas Convention Center . This series of expert-led cannabis Continuing Legal Education (CLE) sessions will explore the evolving legal landscape surrounding both cannabis and hemp, offering crucial insights for professionals navigating these industries. Co-chaired by Nastasia Mora, Executive Director of INCBA, and Kyle Finnegan, attorney at Ice Miller LLP, the Cannabis Law Sessions 2024: The Intersection of Cannabis and Hemp Under the Law and In The Marketplace, will bring together more than 30 legal experts and thought leaders, addressing key regulatory and business challenges faced by those involved in the cannabis and hemp industries. David Ruskin, President of INCBA, highlighted the importance of this year’s event: "As the cannabis and hemp industries grow, the legal landscape continues t...

INCBA invites YOU to ROLL TO THE POLL with us!

INCBA's Voter Registration Drive The goal: The goal of ROLL TO THE POLL is to inspire and facilitate voter participation within the cannabis community by helping industry professionals, businesses, consumers, and advocates register to vote, verify their registration status, and understand the voting process. By fostering civic engagement in a non-partisan manner, we aim to strengthen our collective voice and drive meaningful change within the industry and beyond.  How you can help: We are asking all cannabis industry stakeholders to encourage civic engagement by adding the INCBA's  ROLL TO THE POLL graphic ( download graphic here ) to your website or blog & link the graphic to INCBA's ROLL TO THE POLL voter registration tools here: https://incba.org/#vote .   Encourage others to use these free tools on their own websites to spark continued civic engagement across the cannabis space. “ Roll to the Poll ” was created by the International Cannabis Bar Association...