D.C. Circuit lets marijuana rescheduling proceed; Massachusetts passes $10B in sales ahead of November rollback vote; Pennsylvania audit finds medical marijuana oversight gaps.

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Daily Compliance Brief

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Vol. 1 • Edition 27 • Thursday, September 10, 2026 • Alcohol & Hemp/THC Regulation • Federal + All 50 States

Good morning — here's the regulatory picture for alcohol and hemp/THC beverages, readable in about three minutes. Every headline links to the original source. A quiet 24 hours on the alcohol side — no new TTB or state ABC actions — so today's edition runs lean.

Top Story

Federal appeals court declines to halt marijuana rescheduling while challenges proceed

FEDERAL • Marijuana Moment • Sep 9

The U.S. Court of Appeals for the D.C. Circuit denied a motion by the National Drug and Alcohol Screening Association and MMJ International Holdings to pause the administration's marijuana rescheduling actions while their lawsuits proceed, writing that petitioners “have not satisfied the stringent requirements for a stay pending court review.” The court also declined a request by two medical marijuana companies to intervene in the case on the government's side. Three consolidated suits challenging the move to Schedule III continue before the court, while a DEA administrative judge reviews final briefs ahead of a recommendation to the DEA administrator.

Why it matters: The rescheduling process keeps moving for now — a final shift to Schedule III would change federal tax treatment (Section 280E) and banking conditions for cannabis-adjacent beverage ventures and the retail partners that carry them.

Federal

State Department warns against carrying marijuana, THC or CBD products across international borders

FEDERAL • Marijuana Moment • Sep 9

The State Department's Bureau of Consular Affairs said “just because a cannabis, THC, or CBD product is legal in your home state does not mean you can take it abroad,” naming CBD, edibles, vape cartridges, oils and concentrates, and noted that carrying such products internationally can lead to arrest regardless of U.S. legality.

Why it matters: Worth reflecting in travel guidance for any staff or partners who carry hemp/THC product samples.

Around the States

Massachusetts passes $10 billion in recreational marijuana sales as November rollback vote approaches

MASSACHUSETTS • Marijuana Moment • Sep 9

Cumulative adult-use sales since 2018 crossed $10 billion, with June 2026 the market's highest month at $156 million. A November ballot measure would end regulated adult-use sales and home cultivation while keeping possession and the medical program legal; Cannabis Control Commission Chair Chris Harding said repeal could eliminate thousands of jobs, hundreds of businesses and billions in tax revenue, and a poll released last month showed voters opposing the measure 55%–33%.

Why it matters: The vote decides whether the Massachusetts adult-use retail channel exists in 2027 — a planning variable for any partner with cannabis-adjacent exposure in the state.

Pennsylvania audit finds inspection and enforcement gaps in medical marijuana oversight

PENNSYLVANIA • Pa. Auditor General • Sep 9

Auditor General Timothy DeFoor released the first performance audit of the Department of Health's Medical Marijuana Program, covering 2024, finding the department lacked internal controls to ensure inspections and enforcement were performed consistently and had inadequate approval processes for complaint conclusions and correction plans. The department agreed with the findings and committed to standardized inspection checklists and formalized documentation.

Why it matters: Pennsylvania licensees should expect tighter, more uniform inspections as the health department implements the audit's recommendations.

On the Radar

December 11, 2026 — The federal ban on hemp-derived THC products beyond trace levels takes effect, after the one-month delay signed into law September 3 (Shanken News Daily). Distributors and retailers holding hemp THC beverage inventory face sell-through planning against that date.

Pending in Congress — The bipartisan Beverage Regulatory Parity Act from Reps. Greg Landsman (D-OH) and Beth Van Duyne (R-TX) — a national hemp-beverage framework with 21+ sales, mandatory testing, TTB permits, a THC excise tax and three-tier-modeled distribution — remains pending as the ban date approaches.

DEA rescheduling — With the stay denied, the administrative track continues: a DEA judge is weighing final briefs from the consolidated rescheduling hearing before recommending to the DEA administrator, and the consolidated D.C. Circuit merits case proceeds (Marijuana Moment).

Jeremy Barnes | Chief Financial Officer, New Realm Brewing Co.

Prepared for New Realm's leadership team and valued partners. This brief is for general informational purposes only and is not legal advice; it is compiled with AI assistance from the linked sources — please confirm details at the link before acting on them.

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Audio transcript (~2 min read)

This is the New Realm Compliance Brief, Volume One, Edition Twenty-Seven, for Thursday, September Tenth.

Our top story: a federal appeals court has declined to halt marijuana rescheduling. The U.S. Court of Appeals for the D.C. Circuit denied a motion by the National Drug and Alcohol Screening Association and MMJ International Holdings to pause the administration's rescheduling actions while their lawsuits proceed. The court said the petitioners had not met the stringent requirements for a stay, and it also declined a request by two medical marijuana companies to intervene on the government's side. Three consolidated suits challenging the move to Schedule Three continue, while a D E A administrative judge reviews final briefs before making a recommendation to the D E A administrator. A final move to Schedule Three would change federal tax treatment and banking conditions for cannabis-adjacent beverage businesses and their retail partners.

Also at the federal level, the State Department warned Americans not to carry cannabis, T H C, or C B D products across international borders. The Bureau of Consular Affairs said that just because a product is legal in your home state does not mean you can take it abroad.

Around the states: Massachusetts has passed ten billion dollars in recreational marijuana sales since twenty eighteen, just as a November ballot measure approaches that would end regulated adult-use sales while keeping possession and the medical program legal. And in Pennsylvania, Auditor General Timothy DeFoor released the first performance audit of the state's medical marijuana program, finding gaps in inspection and enforcement consistency; the health department agreed with the findings and committed to standardized checklists.

On the radar: the federal hemp ban takes effect December eleventh after the recent one-month delay, and the bipartisan Beverage Regulatory Parity Act, a proposed national framework for hemp beverages, remains pending in Congress.

Full details and source links are in today's email. This update is for general information only — it is not legal advice.