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New Year, New Cannabis Regulations


Ganja Garden at The Woods WEHO.
Ganja Garden at The Woods WEHO.

Every new year brings reflections and resolutions for the months ahead. In addition to these January staples are the swath of new local and federal laws and regulations that will govern our everyday lives. This year brings many new and potential changes to the cannabis industry, both on the legislative and judicial side.

The biggest change is the allowance of “cannabis cafes” in California. Consumption spaces, like the Ganja Garden at The Woods WEHO, are now permitted to serve non-medicated beverages and food to guests. This is a major, and commonsense win for the industry as discussed in this column previously.

Additionally, hearings and reviews will begin this year regarding the rescheduling of cannabis to a Schedule III substance. While there were many who hoped this would be concluded by the end of 2024, it was not meant to be. Additionally, it is likely this process will extend into next year, with the multiple steps in the process, as well as the litany of lawsuits that will likely follow each advancement.

A major court case that many are watching is Canna Provisions, Inc. v. Garland. This case revolves around a group of cannabis companies challenging the Controlled Substance Act (CSA). Plaintiffs argue that the CSA, as written, is an overreach by congress under the Commerce Clause because it criminalizes legal intrastate conduct within states where cannabis is legal. The basis for this argument is that the federal governments regulating intrastate commerce is no longer relevant due to the fact the Feds have taken a hands-off approach to cannabis enforcement since the legalization in many states, along with several memorandums, riders, and institutional practices within the branches of government. The case was dismissed but is currently under appeal.

As cannabis continues to proliferate across America, we can expect many more regulations, laws, and cases to come down, hopefully allowing the industry to move closer to the mainstream.


By Stephen Freedman

Stephen Freedman is the Regional Manager of the ERBA Markets, the WOODS, West LA, Venice, Culver City, and WeHo.

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