Andrew Kline Senior Counsel

Can states restrict ownership of licensed businesses to state residents only? The answer to this question would generally be a straightforward no — states cannot attempt to provide undue, preferential treatment to their own citizens over those from other states.

Our democracy is driven by both laws and fundamental freedoms. Americans expect governmental oversight that balances freedom of choice with protection of public health and safety. Sometimes these two imperatives that are emblematic of a free society do not align perfectly.

In late December 2022, the White House Office of National Drug Control Policy, or ONDCP, released its annual drug enforcement report to Congress, focusing in part on high-intensity drug trafficking areas.

The year ahead has much in store for the cannabis industry. Below, we outline some areas to watch at both the state and federal levels.

Oregon became the first state to offer controlled use of psilocybin to the public on January 1, 2023. This Update provides an overview of the new Oregon Health Authority regulations to implement the state’s first-in-the-nation psilocybin program.

A federal appellate court ruled on Wednesday that Maine’s law prohibiting nonresidents from owning medical marijuana businesses in the state violates the U.S. Constitution. But legal experts say that the decision could have more far-reaching implications for interstate cannabis commerce—and could create possible complications for social equity programs.

On July 21, the Cannabis Administration and Opportunity Act was introduced by sponsoring Sen. Cory Booker, D-N.J., and co-sponsors Senate Majority Leader Chuck Schumer, D-N.Y., and Sens. Ron Wyden, D-Ore., Patty Murray, D-Wash., and Gary Peters, D-Mich.

More than 20 state attorneys general (AGs) authored an open letter to congressional leaders calling for legislation that would regulate tetrahydrocannabinol (THC) edibles that mimic the packaging and names of popular products.

On May 4, the U.S. Food and Drug Administration issued new warning letters to five companies selling products containing Delta-8 THC, an intoxicating cannabinoid derived from hemp according to the Law360 article. In announcing the warning letters, the agency advised that "Delta-8 THC has psychoactive and intoxicating effects and may be dangerous to consumers."

On Friday, the U.S. House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement, or MORE, Act, by a vote of 220-204. The act last passed the full House in December 2020.

This practice note provides practical insight regarding the Dormant Commerce Clause as it applies to the cannabis industry.

Flaws in proposed federal marijuana legislation threaten the legal cannabis market, especially failure to pause the Dormant Commerce Clause, say Shaleen Title, the distinguished cannabis policy practitioner in residence at the Ohio State University Drug Enforcement and Policy Center, and Andrew Kline, who co-leads the cannabis practice at Perkins Coie.

Vaguely recalled by practicing attorneys, the Dormant Commerce Clause (DCC) is often the bane of first-year students’ Constitutional Law courses.

State Attorneys General (AGs) play a central role in enforcing cannabis laws and protecting consumers. As legalization continues to sweep the country, the interplay between state and federal law demands particular attention.

Millions of Americans are utilizing medical cannabis and psilocybin to treat specific medical conditions each day. However, scientific and medical research in the U.S. lags behind other nations.

The third version of the Marijuana Opportunity Reinvestment and Expungement, or MORE, Act was introduced on May 28.

It is well known that the varying state regulations for cannabis give this industry a complex legal landscape.

Perkins Coie senior counsel Andrew Kline is joined by Andrew Freedman, Colorado’s first cannabis czar under Governor Hickenlooper and current Executive Director of the Coalition for Cannabis Policy, Education, and Regulation (CPEAR).

On March 3, 2021, Perkins Coie partner Barak Cohen moderated a panel to discuss the future of the cannabis industry. This recap focuses on discussion related to state legalization and the private sector perspective.

On March 3, 2021, Perkins Coie partner Barak Cohen moderated a panel to discuss the future of the cannabis industry. This recap focuses on discussion related to the federal perspective.

Last week, the House of Representatives passed the George Floyd Justice in Policing Act (H.R. 1280). Among other things, the bill would eliminate local law enforcement officers’ ability to use the doctrine of qualified immunity to shield themselves from liability for misconduct. Read the full article on The Hill.

Though it appeared the smoke might blow in a more favorable direction, the hopes of marijuana-adjacent businesses using the Bankruptcy Code were snuffed out once again by the Bankruptcy Court in Colorado.

In our latest podcast, Perkins Coie partner Barak Cohen is joined by Andrew Kline, Director of Public Policy for the National Cannabis Industry Association, the youngest—and largest—cannabis trade association in the U.S. and the only organization representing state-sanctioned cannabis-related businesses at the federal level.

Senior Counsel Andrew Kline moderated a panel during the Food and Drug Law Institute’s Legal and Practical Issues in Cannabis Regulation virtual event.

On Thursday, January 20, 2022, Perkins Coie hosted a panel discussion addressing the scientific standards in cannabis.

A presentation on the not-so-obvious trials and tribulations navigating the California regulatory system.

On December 2, 2021, Andrew Kline participated in a panel during the Food and Drug Law Institute’s (FDLI) Legal and Practical Issues in the Evolving World of Cannabis Regulation virtual conference. The panel discussed the present and future federal and state landscape, as well as how legalization would affect the existing cannabis industry.

On October 29, 2021, Senior Counsel Andrew Kline participated in a panel on The Green Rush talk show, discussing the legality of interstate commerce in the cannabis industry.

On Thursday, September 9, 2021, Perkins Coie hosted a panel discussion addressing the implications of the dormant commerce clause on state cannabis programs.

On April 27, 2021, Andrew Kline moderated a discussion about the history and ethics of cannabis prohibition as part of Willie Nelson’s Luck Summit, a virtual cannabis convention that aims to showcase the need for destigmatization and legalization of cannabis.

On April 21, 2021, Andrew Kline moderated a discussion about the recently released Arcview Group - Women’s Inclusion Network/National Cannabis Industry Association (NCIA) white paper and how businesses and individuals can embrace gender parity every day.

Panel discussion about the state of the cannabis industry in conjunction with the 2021 Business Insurance Cannabis Update webinar series.

What you need to know now about the future of cannabis policies and their impacts on your legal needs.