Let's be real. This executive order is pretty short and it could be interpreted a lot of different ways. But generally, it seems to be a cause to celebrate. Cannabis Attorney Morgan Davis takes a deep dive into this executive order's specific impact for marijuana rescheduling.

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💬 WHY DOES THIS PODCAST SOMETIMES USE THE WORD “MARIJUANA”?

You may hear the term “marijuana” used in some of my episodes. While I personally believe the word is outdated, unscientific, and rooted in racially charged propaganda, it still appears in federal and state law — which makes it necessary in legal conversations.

As an attorney, I use the language defined by law when discussing federally illegal substances. There is currently no federal legal definition for "cannabis"... but there is for “hemp” and “marijuana," so clarity matters. When referring to THC content and legal classifications, that’s when you’ll hear the word used. But make no mistake: in my eyes, it’s all cannabis.

2026 looks muddy, but potentially a little brighter?! 

One of the biggest needs in the Hemp and Cannabis Industry is an understanding of regulation changes at the federal, state, and even local level. So here are the biggest changes in the hemp industry since my last episode:

• Federal: An update on Trump's Executive Order
• New Jersey: A new State Bill (S4509) might get addressed before the Christmas holiday
• Ohio: SB56 becomes effective in March
• Tennessee: They're switching from DOA to ABC effective Jan 1st; license registration is open (with a few moving parts to note, especially regarding labels and packaging)
• Alabama: ABC has taken over regulating hemp and they're issuing application docs, going into effect Jan 1st
• South Carolina: A statewide investigation called "Operation Ganjaprenuer" led to 12 arrests and lots of product being seized
• Nevada: Clark County has issued an ordinance proposition; including imposing licensing, testing, and more

Need a monthly FULL 50 STATE review, specific to your product line? Davis Legal offers monthly retainer clients a robust, custom view as to where you can and cannot sell. Contact us to learn more about this service; must be currently distributing in 10+ states across the US.

This video was recorded on December 19, 2025.

Everyone’s reacting. Few are reading closely. This is not a clean win or clear loss. Cannabis Attorney Morgan Davis takes a deep dive into this executive order's specific impact for the Hemp Industry.

I don't mean to be harsh, but there is some stuff going on in Nebraska that could impact any hemp business owner in the U.S. — my friends in the hemp business need to know about this! The Attorney General in Nebraska is suing hemp businesses with the goal of getting their products off the shelves. You may think your Certificate of Analysis (COA) will save you, but I'm here to break it to you... that's probably not the case.

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THIS PODCAST IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO THE TOPICS DISCUSSED. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

If you're a wholesaler, distributor, retailer... enforcement scrutiny is on the rise. If the police come knocking, you need to know what to do. You need to stay calm. You need to be educated on the law. You need to document everything! Have standard operating documents! I'm going to break down some basic preparation you NEED to do in this ever-changing industry.

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THIS PODCAST IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO THE TOPICS DISCUSSED. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

Payment terms, cash flow, product returns... what to do when a state shuts down their hemp industry or one of your products get banned. This cannabis lawyer has a few ideas of how to legally pivot and protect your reputation.

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THIS PODCAST IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO THE TOPICS DISCUSSED. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

This summer, Congress (spearheaded by Mitch McConnell) was going after the 2018 Farm Bill "loophole."

Right before the August break, Senate leaders laid down the proposed language from the Agriculture–FDA spending bill that would have banned hemp‑derived THC products. 

This change was largely driven by Sen. Rand Paul (R‑KY), who threatened to block the entire bill unless the ban was removed. Senate leadership ultimately relented to allow passage of the $27B bill.

There is all that news... but when I recorded this episode (and still to this day), I think it is important to speak up about this whole "loophole" language being thrown around. 

I am here to tell you IT IS NOT A LOOPHOLE. The rhetoric that the Hemp Industry is operating in some loophole, with nefarious intentions, is unfair and inaccurate. And you don't have to take my word for it... there are others saying the same thing. Let's dive in.

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THIS PODCAST IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO THE TOPICS DISCUSSED. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

The USDA says you can't have a Cannabis Cultivation License AND a Hemp Cultivation License. If you hold two cultivation licenses, one for hemp and one for cannabis, and you keep the facilities separate, then why wouldn't this be allowed? This doesn't seem right to me. It's crap. Does this USDA do this to any other commodity? Let's talk about what's happening federally.

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THIS PODCAST IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO THE TOPICS DISCUSSED. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

Nerd moment – I love statutory interpretations. Specifically I am geeking out about what is going on with total THC standards. How are all these states going to keep regulating all these products, when the law moves slower than the industry changes?! 

I think these regulators might have wisened up... I'll break down the new THC Standard for you in this episode. Complying with this new potential regulation is going to be crazy hard. Is it about to destroy the market?! You may need to pivot, so let's talk about how to plan for a Total THC Standard for your business.

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THIS PODCAST IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO THE TOPICS DISCUSSED. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

It would take a "Goldilocks" hemp product to be able to sell in all 50 states – a product that is "just right" and completely checks off all the regularity boxes. I have a Spoiler Alert: you can't sell hemp products in all 50 states right now. In this podcast, I'll break down what you can do and what you can't.

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THIS PODCAST IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO THE TOPICS DISCUSSED. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.