Controlled Substances Act

News & Analysis as of

States Continue Trend to Legalize Marijuana

During this recent election season, in addition to choosing the next President of the United States, voters in many states had a hand in dictating the future of legal marijuana use in this country. Previously, only Colorado,...more

Florida Medical Marijuana Law Will Take Effect January 2017

Florida voters passed a new medical marijuana law, Amendment 2, on November 8, 2016. Florida joins 27 other states, the District of Columbia, Puerto Rico, and Guam in allowing public medical marijuana programs. The new law...more

Warning to "Marijuana Investors" Consider Federal Enforcement

The Controlled Substances Act ("CSA") lists Marijuana (cannabis) as a Schedule 1 drug. That means "the drug or substance has no currently accepted medical use in treatment in the United States. Efforts to reclassify marijuana...more

Election results widen gulf between federal v. state regulation of cannabis

Legal cannabis programs continue to spread to more states with every election cycle. On Nov. 8, 2016, Arkansas, Florida, Montana and North Dakota passed laws legalizing cannabis for medical uses, while California, Nevada,...more

Ninth Circuit Considers Limits to DEA Access to Oregon PDMP

On November 7, 2016, the US Court of Appeals for the Ninth Circuit heard arguments in Oregon Prescription Drug Monitoring Program v. United States DEA, No. 14-35402 (9th Cir. 2016). Here, the Drug Enforcement Administration...more

Nevada’s New Recreational Marijuana Law: What Employers Need to Know

On November 8, 2016, voters approved Nevada’s Initiative to Regulate and Tax Marijuana (more commonly known as Question 2) by a margin of 54 percent to 46 percent. When codified and enacted, this law will be cited as the...more

Marijuana Election Results: Risks and Opportunities

Trump and Clinton grabbed all of this week’s headlines, but marijuana-related referenda were also on the ballots in nine states. The results of the referenda will dramatically change the landscape of state-legalized marijuana...more

Historic Night for Cannabis Legalization

Tuesday night was the biggest electoral victory for cannabis reform since Colorado and Washington's 2012 approval of the recreational use of cannabis, with eight states passing ballot measures legalizing some form of cannabis...more

Branding Buds – Still Illegal Under Federal Law

If voters in California approve Proposition 64 which would legalize the possession and use of marijuana for recreational purposes, it is without question that the sunshine state will see a huge increase in the number of...more

Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use

Election Day 2016 proved to be a historic occasion for initiatives favoring expanded access to marijuana. On November 8, California and Nevada joined West Coast early adopters Alaska, Oregon, and Washington in choosing to...more

Don’t Fear The Reefer, Nevada Employers - Legalization Of Recreational Marijuana Will Not Impact Company Policies

With yesterday’s vote legalizing recreational marijuana in Nevada, some employers might be concerned about the impact that this new law will have on workplaces across the state. However, Nevada employers can rest comfortably:...more

Selling Marijuana is still a Federal Crime, but income must be reported

The prevalence of state laws legalizing the sale of marijuana does nothing to change federal law. Marijuana remains a Schedule 1 drug under the Controlled Substances Act, (21 USC 801, et seq). The act of manufacturing,...more

If More States Vote ‘Green’ This November, Some Believe It Could Be ‘The Beginning of the End of the War On Marijuana’

Next month, voters in five more states will decide whether to legalize recreational marijuana. As reported by The New York Times in an insightful article on this issue, some legalization advocates hope a (green) thumbs up...more

Weed in the Workplace: What You Need to Know

You have not heard the presidential candidates discuss medical marijuana or efforts to decriminalize recreational use. Nevertheless, state legislatures and local governments have been tackling these issues for some time,...more

Medical Marijuana in Massachusetts – DPH Proposes Amendments to Regulations

The Massachusetts Department of Public Health (DPH) has released for public comment proposed amendments to DPH’s Medical Marijuana Regulations (105 CMR 725) (the “regulations”). DPH believes that believes the proposed...more

Public Health Bills Advance

On September 30, 2016, President Obama signed into law S 1878, the Advancing Hope Act, which modifies the FDA’s priority review voucher program for rare pediatric diseases and extends the program through December 31, 2016. In...more

SAMHSA Final Rule on Medication Assisted Treatment for Opioid Use Disorders Reporting Requirements

On September 27, 2016, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a final rule establishing annual reporting requirements for certain practitioners who prescribe buprenorphine-based...more

Energy and Commerce Committee Clears Public Health Bills - September 2016

On September 21, 2016, the House Energy and Commerce Committee unanimously approved the following public health bills: ..H.R. 4365, Protecting Patient Access to Emergency Medications Act – to amend the Controlled...more

Ninth Circuit Enjoins DOJ from Prosecuting Medical Marijuana Growers, But Future Uncertain

On August 16, 2016, the Ninth Circuit made an unexpected decision — it enjoined a federal criminal prosecution against medical marijuana growers in the Ninth Circuit. In the published opinion1, the three-judge panel (Justices...more

Before You Subscribe: Cannabis Investor Education

WITH ANY BUSINESS OPPORTUNITY COMES RISK AND THE CANNABIS industry is no different. Cannabis investors need to consider whether the potential recipient of their investment dollars has sufficient liquidity and access to...more

Ninth Circuit Uproots Department of Justice Prosecution of Medical Marijuana Cases

On August 16, 2016, the United States Court of Appeals for the Ninth Circuit rebuked the Department of Justice (“DOJ”) in United States v. McIntosh, a case that involves the tension between federal and state laws involving...more

The Marijuana Industry’s Big Win: The DEA’s Refusal to Reschedule

Earlier this year, when the U.S. Drug Enforcement Agency (DEA) indicated it would have an announcement regarding a now five-year-old petition to reschedule cannabis, numerous industries on the “outside looking in” were...more

California Court of Appeal Resoundingly Rejects A Statutory Right To Access Medical Marijuana Shops By The Disabled

Pursuant to the Americans With Disabilities Act (“ADA”) (42 U.S.C. Section 1201, et seq.) and California’s Civil Code Section 54 (the “DPA”), individuals with disabilities are entitled to “the same rights as the general...more

The silver lining in the DEA’s refusal to reclassify cannabis

As far back as 2011, elected officials have sent letters to the U.S. Drug Enforcement Administration urging it to reclassify cannabis by removing it from the list of Schedule I controlled substances. After promising a...more

DEA Just Said No to Rescheduling Cannabis: Why It Matters

The U.S. Drug Enforcement Agency (DEA) recently denied a petition to initiate proceedings to reschedule cannabis under the Controlled Substances Act (CSA). Thus, Cannabis will remain a Schedule I substance under the CSA. ...more

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