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Lance Boldrey

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R. Lance Boldrey's practice focuses on tribal and commercial gaming, and on Indian law (with an emphasis on economic development and state-tribal relations). He represents tribes, developers, banks and other non-tribal businesses, as well as state and local governments, and is a frequent speaker on Indian law topics. Mr. Boldrey is also a leader of the Firm's emerging Cannabis Law practice.

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Takeaways

  • The Texas Senate is advancing Senate Bill 5 (SB 5), which would impose one of the strictest bans on hemp-derived THC products in the nation, including criminal penalties for manufacturers, distributors, and consumers.
  • SB 5 defines “detectable” THC with vague thresholds, creating potential compliance challenges and legal uncertainty for the hemp industry.
  • Governor Abbott favors a regulated THC system with low milligram caps over a full prohibition, setting up ongoing tension with Senate leadership.

The Texas Legislature kicked off a special session Monday, July 21, 2025, to address more than a dozen matters, including responding to Governor Greg Abbott’s recent veto of a full THC ban (as previously reported). Now that the first week of Senate action has concluded, it’s obvious that the Senate is not backing down. The Senate State Affairs Committee unanimously reported out Senate Bill 5 (SB 5), which, like the vetoed Senate Bill 3, would ban virtually all consumable hemp-derived THC products. Like its predecessor, SB 5 would impose criminal penalties on manufacturers, distributors, and consumers of any product containing a detectable amount of THC, with narrow exceptions for non-psychoactive cannabinoids such as CBD and CBG.Continue Reading Texas Senate Continues to Push Broad Ban on Hemp-Derived THC in Special Session

Key Takeaways:

  • Texas’s attempt to ban hemp-derived THC products failed—for now. Senate Bill 3, which would have banned products like delta-8, was vetoed, leaving current laws in place. A special session beginning July 21 with consumable hemp regulation is at the top of the agenda.
  • Arkansas’s Act 629 survives federal challenge. The Eighth Circuit ruled that it does not conflict with the 2018 Farm Bill and is not unconstitutionally vague.
  • States may continue to diverge on hemp policy. The Eighth Circuit decision reinforces states’ authority to tightly regulate or prohibit intoxicating hemp products, adding to a patchwork legal landscape that cannabis and hemp businesses must navigate carefully.

As every reader of this blog should know, on June 21, 2025, Texas Governor Greg Abbott vetoed Senate Bill 3, a measure that would have effectively banned consumable hemp products containing THC and imposed infeasible costs and regulations on other hemp products. In his veto message, Abbott pointed to a then-active federal court decision that had blocked enforcement of Arkansas’s similar hemp law, suggesting it demonstrated legal vulnerability in banning these products.Continue Reading Texas Governor’s Hemp Product Veto Highlights National Legal Uncertainty—Even as Cited Ruling Is Overturned

Takeaways

  • CRA’s new disciplinary guidelines reduce fines for about two-thirds of violations, with many cut by 50%.
  • The changes come in response to sustained industry pushback amid ongoing economic struggles in Michigan’s cannabis market.
  • While most fines decreased, penalties have increased for egregious violations like selling illicit cannabis, signaling a shift in enforcement priorities.

During last week’s CRA quarterly public hearing, Executive Director Brian Hanna indicated that the agency would be releasing updated disciplinary guidelines that would reflect a change in agency policy to reduce fines in response to significant industry pushback and criticism. On July 1, 2025, CRA released its updated disciplinary guidelines, which generally provide for reductions in fines for about two-thirds of violations. Most of these reductions are substantial—often amounting to a 50% decrease.Continue Reading CRA’s July 2025 Updated Disciplinary Guidelines: A Much-Needed Lifeline

Takeaways

  • The proposed 32% wholesale tax on cannabis products could significantly raise prices for consumers, making it more challenging for an already struggling industry to maintain profitability.
  • The assessment of a wholesale tax would most likely radically restructure industry business practices.
  • Potential expansion of the Tobacco Products Tax Act (“TPTA”) would force the Marijuana industry to adapt to an entirely new regulatory and enforcement scheme, all while the industry is dealing with a comprehensive rewrite of the rules of the Cannabis Regulatory Agency.

On February 10, 2025, Michigan Governor Gretchen Whitmer released her “Mi Road Ahead” Plan to “fix the damn roads”—echoing her 2018 campaign slogan. To the consternation and fear of the cannabis community, the Mi Road Ahead Plan proposes creating a new 32% wholesale tax on cannabis products.Continue Reading Breaking Down Governor Whitmer’s Game-Changing Proposed New Wholesale Tax on the Michigan Marijuana Industry

With the start of a new year and a January 7 decision of the U.S. Court of Appeals for the Fourth Circuit addressing the interplay between federal and state hemp regulation, it seemed timely to provide an update on the status of hemp-derived cannabinoids in Michigan. This is the first of two posts on this topic.Continue Reading Update Concerning Hemp-Derived Cannabinoids in Michigan, Part 1