Controlled Substances Act

News & Analysis as of

The Respect State Marijuana Laws Act was introduced this week in U.S. Congress

On February 7, 2017, Congressman Dana Rohrabacher (R-CA) introduced legislation entitled “The Respect State Marijuana Laws Act” (the Bill) for the third time in the U.S. House of Representatives to protect people from being...more

Federal Marijuana Law Enforcement Trends

The election of Donald Trump as President of the United States may lead to a significant change in the enforcement of the Controlled Substance Act (CSA) with respect to both medical and recreational uses of marijuana. Since...more

Clearing up the Smoke: Insurance and Marijuana

Following on from our last article concerning issues for (re)insurers arising from an insured’s illegal conduct, this article examines the issues arising out of the burgeoning legalized marijuana industry in the...more

Banking Problems for a Whole Industry

About half of the States have legalized marijuana for either or both medical and recreational use. Despite being legal under various state laws, businesses operating in the marijuana industry continue to encounter federal...more

Protection of Marijuana Brands in the United States

Brand protection for companies engaged in marijuana-related businesses continues to present special challenges given the federal prohibition on the sale, distribution, and possession of marijuana under the Controlled...more

Divergent State and Federal Marijuana Laws Create a Legal Landmine

A tidal wave of legislation legalizing marijuana washed over the country from sea to shining sea on November 8th. When all the votes were counted on election night, voters in California, Maine, Massachusetts and Nevada...more

Recreational Marijuana Is Now Legal in California: How Does This Affect Employer Workplace Drug Policies?

In what might once have been viewed as a remarkable development, but now generates little surprise, recreational marijuana use is now legal in California. On November 9, 2016, Californians approved Proposition 64, known as...more

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

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