Hemp-derived THC and CBD beverages have emerged as a distinct and disruptive category in the beverage industry and have continued to gain momentum in major sports arenas and entertainment venues across the United States. These beverages combine measured doses of tetrahydrocannabinol (THC) with familiar formats like sparkling water, tea, and soda, offering a compelling alternative to alcohol for a growing number of consumers. Their rise signals both a shift in consumer preferences and a more progressive stance by sports leagues and entertainment operators toward cannabis and ...
On January 12, 2026, Governor Murphy signed a new law that will substantially alter the cannabis and hemp derived product market in NJ.
The new law narrowly defines hemp in an effort to close the “loophole” in the 2018 Farm Act that allowed intoxicating hemp products to be sold across New Jersey (and the country) in unlicensed stores.
The law redefines hemp to specifically exclude from its definition hemp products that contain cannabinoids that are not capable of being naturally produced, cannabinoids that are manufactured or synthesized outside of the plant, or contain more than ...
President Trump has issued an Executive Order directing the reclassification of marijuana from a Schedule I controlled substance to a schedule III controlled substance under the Controlled Substances Act. The EO does not legalize cannabis federally. Instead, it acknowledges that cannabis has some potential health benefits and should be treated like a medicine along the lines of Tylenol with codeine and thereby removes the harsh criminal penalties under Schedule I. Because of the rescheduling, cannabis will be subject to the Food, Drugs and Cosmetics Act and will need to received ...
Published in the National Law Review, December 15, 2025
Introduction: Marijuana and Hemp Distinguished
The legal landscape of cannabis in the United States has undergone dramatic changes over the past three decades. Central to these developments is the distinction between marijuana and hemp—both varieties of Cannabis sativa L.
The Controlled Substances Act of 1970 (CSA) classified all cannabis as Schedule I 'marijuana,' a substance deemed to have high abuse potential and no accepted medical use. Despite this, state-level reforms began in 1996 with California’s ...
The U.S. hemp-derived beverage industry is evolving from a fragmented startup landscape into a maturing consumer category. Over the past year, early signs of consolidation have begun to appear as both established cannabis companies and strategic investors look to scale through acquisition rather than incremental growth.
Hemp-infused and hemp-derived THC beverages have gained significant traction as consumers seek functional alternatives to alcohol and traditional wellness products. Yet, the market remains heavily state-driven and regulatory-sensitive, limiting ...
One of the greatest challenges facing startup cannabis businesses is gathering the capital to start and sustain operations until they achieve profitability. Real estate, high-tech equipment, and skilled labor are all expensive inputs required to maintain a successful operation whether you are a cannabis cultivator, manufacturer, or testing facility.
To help these cannabis businesses, the State of New Jersey is preparing to launch a fixed-interest financing program called the “New Jersey Lending for Equity, Access, and Financing Program,” or NJ LEAF. Funding is ...
On August 12, 2025, the US Second Circuit Court of Appeals reversed a lower court’s decision and found that New York’s priority scheme favoring in-state applicants violated the Dormant Commerce Clause of the US Constitution. The Court explained that the Dormant Commerce Clause prohibits state protectionism unless the US Congress clearly authorizes protectionism. That is, any regulatory measure designed to benefit in-state economic interests by burdening out-of-state competitors is presumptively unconstitutional.
Some lower courts have ruled that the Dormant ...
Originally published in Law360 on 8.8.25
Seth A. Goldberg, partner in the firm’s Litigation practice and co-chair of the firm’s Cannabis & Hemp Law practice, and Samantha T. Alexander, partner in the firm’s Corporate & Business Law, Commercial Real Estate, and Cannabis & Hemp Law practices, recently co-authored an article in Law360 titled, “The Evolving Legal Landscape For THC-Infused Beverages” that discusses the proliferation of THC-infused beverages, how they are currently regulated under federal and state law, and legal challenges and potential federal and ...
Originally published in the New York Law Journal on 7.24.25
Daniel E. Cohen, associate in the firm’s Litigation and Appellate Advocacy and Corporate & Business Law practices, recently authored an article in New York Law Journal titled, “Perfecting Security Interests in NY Cannabis Crops.” The article discusses the legal complexities of perfecting security interests in cannabis-related collateral under New York law, emphasizing the importance of clear, specific security agreements and timely UCC filings. Cohen highlights how New York’s cannabis regulations ...
Adult-use cannabis may at long last arrive in Pennsylvania. Senate Bill 120, sponsored by Senator Dan Laughlin (R), Senator Sharif Street (D) and others, dropped today (July 10, 2025), and it provides for the legalization of cannabis for adult-use in Pennsylvania. The text of SB 120 can be found here. The Bill is comprehensive in scope, sweeps in medical marijuana, and appears to reflect years of learning from the current PA medical marijuana program and adult-use and medical programs in other states. Among its noteworthy provisions are the establishment of a standalone (not part ...
