BY JAMIE STAFFORD

States like Colorado , California and Illinois have moved ahead in the market , pursuing further regulation across state lines after legalizing cannabis within their borders . “ California recently passed Senate Bill 1326 , authorizing California to enter into agreements with other states that allow medicinal or adult-use commercial cannabis activity to allow for interstate transfers between cannabis licensees ,” says Andrea A . Golan , Counsel at Vicente Sederberg , a cannabis law firm based in Colorado , CO .

Decisive moves like this towards legalization and regulation provide a glimpse into what the recreational marijuana industry may look like for the rest of the country .

GREEN IN A GREY AREA The elephant in room , of course , is the tricky issue of legality . Many of the questions around cannabis — specifically THC — trace back to the “ grey area ” that this substance ( and subsequently all products that contain it ) finds itself in . When asked if she expects THC to be federally legalized within the near future , Golan was emphatic : “ No , I don ’ t . Instead , we might see piecemeal legislation or a ‘ tail wagging the dog ’ scenario , where more and more states legalize , leaving Congress no choice but to act . We may also see more states move ahead with limited interstate commerce despite the federal prohibition .”

“ On the federal level , while I don ’ t see federal legalization on the horizon , Biden recently asked the Secretary of Health and Human Services to review and reevaluate marijuana and how it is scheduled under the Controlled Substances Act ,” continues Golan . “ Unlike the legislative proposals we ’ ve seen in the past several years , this is a directive to the Executive Branch to initiate an administrative process that could reschedule marijuana from Schedule I , or deschedule marijuana altogether .”

18 Beverage Wholesaler • Spring 2023