Controlled Substances Act

News & Analysis as of

Marijuana and the Tax Apocalypse

As Californians evaluate the potential for legalization of Marijuana it is important to consider the current state of conflict between state and federal laws and regulations regarding the production, distribution and sale of...more

Locke Lord QuickStudy: Medical Marijuana Apps – Illegal Communication Facilities or the Next Big Thing?

A number of recent news articles have discussed the increased activity in the area of technology companies that facilitate the delivery of medical marijuana to patients. For example, according to a recent Forbes Magazine...more

House Approves "Ensuring Patient Access and Effective Drug Enforcement Act"

On April 21, 2015, the House of Representatives approved H.R. 471, the Ensuring Patient Access and Effective Drug Enforcement Act of 2015. The bipartisan legislation would clarify the Controlled Substances Act to establish...more

Bringing Predictability and Speed to DEA’s Scheduling of New Drugs

A bipartisan bill working its way through Congress could have a major effect on how the Drug Enforcement Agency (DEA) classifies drugs under the Controlled Substances Act (CSA). The Improving Regulatory Transparency for New...more

Washington Healthcare Update

This Week: President’s FY2016 Budget Request... FDA Commissioner Hamburg to step down... Tennessee Medicaid expansion plan rejected by legislature. 1. Congress House House Ways and Means Committee Hosts Hearing...more

Controlling Controlled Substances: How a Pot Brownie Got Into the Hands of a Child

In a recent Fresno Bee article entitled “Fresno seventh grader busted in sales of pot brownies at school,” we see another unintended consequence of the availability of marijuana. Despite initial permitted possession of...more

DEA Issues Final Rule Up-Scheduling Hydrocodone Combination Products from Schedule III to Schedule II

On August 22, 2014, the Drug Enforcement Administration (DEA) published a final rule upscheduling hydrocodone combination products (HCPs) under the Controlled Substances Act (CSA) from Schedule III to Schedule II. The...more

DEA Schedules Tramadol As A Schedule IV Controlled Substance

On July 2, 2014, the Drug Enforcement Administration (DEA) published its Final Rule placing tramadol into Schedule IV of the Controlled Substances Act (CSA). Tramadol is a synthetic opioid analgesic used in the...more

Minnesota Medical Marijuana Law Will Cloud Employer Drug-Free Workplace Efforts

On May 29, 2014, Minnesota Governor Mark Dayton signed into law legislation making Minnesota the 23rd jurisdiction to adopt a law authorizing the use of medical marijuana. The new Minnesota medical marijuana law (MML)...more

Banks’ High Cost of Doing Business with the Marijuana Industry

In 1996, California voters passed Proposition 215, making it the first state to allow for the medical use of marijuana. To date, a total of twenty-one states and the District of Columbia allow for comprehensive public medical...more

DEA Issues Proposed Rule Up-Scheduling Hydrocodone Combination Products from Schedule III to Schedule II

On February 27, 2014, the Drug Enforcement Administration (DEA) proposed an up scheduling for hydrocodone combination products under the Controlled Substances Act (CSA) from Schedule III to Schedule II. If the proposed...more

Toke on This: FinCEN Issues Guidelines for Marijuana-Related Businesses

The Financial Crimes Enforcement Network (FinCEN) got a whiff of the fact that financial institutions provide services to burgeoning marijuana-related businesses and published guidance to clarify customer due diligence...more

Florida Possession With Intent to Deliver Controlled Substance Not An Aggravated Felony

Convictions of certain types of crimes, referred to as “Aggravated Felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types...more

An Identifiable Risk to Collateral Property That Is Used In The Marijuana Business

The legalization under state law of the marijuana business in Colorado through Amendment 20 (medical marijuana) and Amendment 64 (recreational marijuana) (Amendment 20 and Amendment 64 shall be referred to collectively as the...more

DEA’s Proposed New Regulations Regarding the Disposal of Controlled Substances

The Drug Enforcement Administration (DEA) recently issued a notice of proposed rulemaking with regard to the disposal of controlled substances. These regulations seek to implement the Secure and Responsible Drug Disposal Act...more

Medical Marijuana Dispensaries Are Now Operating in Arizona

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

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