News & Analysis as of

Controlled Substances Act Comment Period

McDermott Will & Emery

DOJ Proposes to Reschedule Marijuana (Cannabis) to Schedule III

McDermott Will & Emery on

On May 21, 2024, the US Department of Justice (DOJ) published the highly anticipated notice of proposed rulemaking (NPRM) to reschedule marijuana (cannabis) from a Schedule I controlled substance to Schedule III, taking the...more

Holland & Knight LLP

U.S. Drug Enforcement Administration Proposes Reclassification of Marijuana

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The U.S. Drug Enforcement Administration (DEA) on May 16, 2024, issued a proposed rule to move marijuana from its current classification as a Schedule I drug to a Schedule III drug, thereby loosening federal DEA restrictions....more

McGlinchey Stafford

Rescheduling Marijuana FAQs: How Do I Submit Comments on DEA’s Proposed Rules?

McGlinchey Stafford on

On May 16, 2024, the U.S. Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The Office of Legal...more

Bradley Arant Boult Cummings LLP

White Smoke: Habemus Proposed Rule Making on Marijuana Rescheduling!

The long-awaited, and recently leaked, news that DEA would begin the process of rescheduling marijuana from Schedule I to Schedule III became a reality yesterday when DEA issued a formal notice of proposed rulemaking. As we...more

Foley Hoag LLP

AP: DEA to Propose Rule Moving Cannabis to Schedule III

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AP is reporting that the Drug Enforcement Administration will propose a rule to reschedule cannabis to Schedule III under the Controlled Substance Act. The proposed rule is subject to review by the White House Office of...more

Benesch

Is There a Shortcut to Cannabis Rescheduling?

Benesch on

In the next 2 months or so, the Drug Enforcement Agency (DEA) is likely to announce that it will reschedule cannabis under the Controlled Substances Act (CSA) from a Schedule I highly dangerous and addictive drug with no...more

Foley Hoag LLP

Big Four Health Committee Leaders Release Request for Information on Regulation of Cannabidiol

Foley Hoag LLP on

On July 27, 2023, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone, Jr., (D-NJ), along with Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bernie...more

Holland & Knight LLP

FDA Issues First Guidance on Clinical Trials for Psychedelic Drugs

Holland & Knight LLP on

The U.S. Food and Drug Administration (FDA or Agency) on June 23, 2023, released its first draft guidance concerning design and desired features of clinical trials for psychedelic drugs LSD and MDMA There has been growing...more

Goodwin

DEA Publishes Temporary Rule on the Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Substances

Goodwin on

Since the declaration of the public health emergency due to the COVID-19 epidemic, Drug Enforcement Administration (DEA) registered practitioners have been able to prescribe controlled substances, without a prior in-person...more

Goodwin

DEA Proposes Rules to Allow Prescribing Controlled Substances via Telemedicine, Subject to Significant Limitations

Goodwin on

Less than one month after the Biden administration’s announcement on January 20, 2023, declaring the end of the public health emergency (PHE) on May 11, 2023, the US Drug Enforcement Administration (DEA) has announced...more

Sheppard Mullin Richter & Hampton LLP

DEA Proposes Rule for Post-PHE Telemedicine

On February 24, 2023, the Drug Enforcement Agency (“DEA”) announced a new proposed rule, which provides some much-anticipated guidance related to the implications of telemedicine prescribing under Ryan Haight Act of 2008...more

Mintz - Health Care Viewpoints

Telehealth Update: DEA Issues Long-Awaited Proposed Rule on Prescribing Controlled Substances via Telehealth

With just over two months before the COVID-19 Public Health Emergency (PHE) expected expiration on May 11, 2023, the Drug Enforcement Agency (DEA) has finally announced its proposed rule on prescribing controlled substances...more

Hogan Lovells

DEA proposes revised rules for identifying and reporting suspicious orders of controlled substances

Hogan Lovells on

Last week, the U.S. Drug Enforcement Administration (DEA) released its long-awaited proposed rule on Suspicious Orders Monitoring System (SOMS) obligations under the federal Controlled Substances Act. ...more

Womble Bond Dickinson

DEA Interim Final Rule on Hemp Draws Fire; Public Comment Period Ends 10/20/20

Womble Bond Dickinson on

The DEA published an interim final rule (IFR) late last week conforming its own regulations to meet Congress’ 2018 de-criminalization of hemp. The Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) removed hemp from...more

ArentFox Schiff

To Facilitate Cannabis Research, DEA Proposes New Role as Marijuana Distributor

ArentFox Schiff on

On March 23, 2020, the US Drug Enforcement Administration (DEA) issued a proposed rule that, if finalized, would establish processes by which individuals and entities could apply to DEA to lawfully grow marijuana. The...more

McDermott Will & Emery

DEA Initiates Rulemaking to Waive Separate Registration for Mobile NTP

On February 26, 2020, the US Drug Enforcement Administration (DEA) issued a Notice of Proposed Rule Making (NPRM), which proposes waiving the requirement of a separate DEA registration at each principal place of business or...more

ArentFox Schiff

EPA Approves New Crop Protection Tools for Hemp Farmers

ArentFox Schiff on

This new action by EPA follows its Federal Register notice in August 2019, announcing receipt of 10 applications seeking to expand the permitted use of previously-registered pesticides to include hemp. Although not required...more

WilmerHale

USDA Releases Interim Hemp Regulations

WilmerHale on

On October 31, 2019, the US Department of Agriculture (USDA) released its long-awaited regulations governing hemp. Those regulations provide critical guidance to the hemp industry following the Agriculture Improvement Act of...more

Eversheds Sutherland (US) LLP

The USDA’s eagerly anticipated rule on the production of hemp is here, and it needs greater clarity and would benefit from more...

On October 31, 2019, the US Department of Agriculture (USDA) published a long-anticipated interim final rule on the production of hemp - defined as cannabis plant with a delta-9 tetrahydrocannabinol (THC) concentration of not...more

Dorsey & Whitney LLP

USDA Releases Interim Rules for Domestic Hemp Production

Dorsey & Whitney LLP on

On October 29, 2019, the US Department of Agriculture (the “USDA”) issued interim rules for the domestic production of hemp and requested comments on the rules over the next 60 days. The rules provide minimum requirements for...more

ArentFox Schiff

New USDA Rule Provides Much-Needed Clarity to US Hemp Industry — Particularly on THC Testing — But Questions Remain

ArentFox Schiff on

On October 31, 2019, the US Department of Agriculture (USDA) published its eagerly anticipated interim final rule governing the domestic production of hemp, pursuant to the Agriculture Improvement Act of 2018 (commonly...more

Dorsey & Whitney LLP

FDA Conducts First Public Hearings Regarding CBD

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On Friday, May 31, 2019, the Food and Drug Administration (“FDA”) conducted its first public hearing to create a regulatory framework for the legal marketing and sale of cannabidiol (“CBD”) products. The FDA asked the...more

White and Williams LLP

Cannabis and Cannabis-Derived Compounds: FDA Announces Public Hearing and TTB Issues Industry Circular

In late 2018, President Trump formally signed the Agricultural Improvement Act of 2018 (2018 Farm Bill) into law, and in turn declassified hemp as a Schedule 1 substance under the Controlled Substances Act (CSA). Hemp is...more

Latham & Watkins LLP

Legalization of Products Containing CBD? Not Quite Yet, Says FDA

Latham & Watkins LLP on

The Agency plays a significant role in the evolving legal landscape governing certain cannabis-derived products. Key Points: ..New law lifts or eases some, but not all, federal obstacles for certain cannabis-derived...more

Jackson Lewis P.C.

FDA Seeks Comments On Potential Marijuana Reclassification Under International Drug Control Treaty

Jackson Lewis P.C. on

The Food and Drug Administration requested comments in a notice published in the Federal Register on April 9, 2018 concerning the “abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling...more

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