News & Analysis as of

Controlled Substances Act Decriminalization of Marijuana Marijuana Cultivation

Akerman LLP

DEA Breaks Silence on Reclassification of Marijuana, Proposing Move to Schedule III

Akerman LLP on

After months of anticipation following the U.S. Department of Health and Human Services' recommendation to reschedule marijuana from a Schedule I to a Schedule III controlled substance, we finally have insight into the...more

Husch Blackwell LLP

Cannabis Law Now Podcast: THC Infused Beverages: Cantrip's Journey Through the Hemp-Derived Looking Glass

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In 2023, Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then, there’s been an influx of “THC Beverages” hitting the marketplace, including in interstate commerce. How is this legally possible, and...more

Burns & Levinson LLP

A Look into the 2024 Cannabis Crystal Ball

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As books for 2023 have officially been closed, we are looking forward to greener pastures in 2024. 2023 proved to be a difficult year for many operators, and some even fell victim to a tough financial market and were forced...more

Burns & Levinson LLP

An Introduction to Rescheduling Realities

Burns & Levinson LLP on

For many, the most exciting prospect in the cannabis industry for 2024 is the possibility of rescheduling cannabis from a Schedule I controlled substance to Schedule III under the Controlled Substances Act (as amended and in...more

Husch Blackwell LLP

Cannabis Law Now Podcast: The ‘CannaBoies' Lawsuit and Why it Matters

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On October 26, 2023, a group of large cannabis companies based in Massachusetts filed suit in the U.S. District Court for the Western District of Massachusetts against Merrick Garland, our current U.S. attorney general,...more

McGlinchey Stafford

Rescheduling Marijuana: Understanding the Legal Impacts

McGlinchey Stafford on

Marijuana is currently listed as a Schedule I substance in the Controlled Substances Act (CSA); this scheduling means the federal government concluded marijuana has no currently accepted medical use in any setting. This could...more

Butler Snow LLP

Half-Baked: An Overview of Current Cannabinoid Laws & Regulations

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Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug...more

Bradley Arant Boult Cummings LLP

Bipartisan “Reef-orm”: Calls to Deschedule Marijuana Abound on Capitol Hill at Bipartisan Congressional Hearing

“Progress, far from consisting in change, depends on retentiveness… Those who cannot remember the past are condemned to repeat it.” – George Santayana, The Life of Reason - We originally aimed to quote Santana rather...more

Rivkin Radler LLP

Cannabis & the Mid-Terms: What Tax Policy?

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On October 6, 2022, the President announced three changes in the Federal government’s policy toward cannabis: 1.He pardoned all prior Federal offenses of simple possession of marijuana; 2.He urged governors to do the same...more

Seyfarth Shaw LLP

Federal vs. State Approaches to Cannabis: Recent DEA Data Shows Increase In Enforcement While States Move Toward Decriminalization...

Seyfarth Shaw LLP on

One might think that the recent uptick in the legalization of recreational marijuana usage would correlate with a decline in the arrests and seizures related to the leafy-green. According to recent data from the Drug...more

Ballard Spahr LLP

U.S. House Votes Again to Federally Decriminalize Cannabis, Regulate Legal Cannabis Businesses

Ballard Spahr LLP on

Summary - For the second time, a bipartisan majority of the U.S. House of Representatives on Friday, April 1, passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. If enacted, the MORE Act would...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2021: Trailblazing Cannabis Legislation Updates

On September 29, 2021, the House Judiciary Committee held a mark-up session of the Marijuana Opportunity Reinvestment and Expungement Act (MORE), which not only would de-classify cannabis as a Schedule I narcotic under the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2021

The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2020: Watching the Pot™

Trailblazing Legislation to Watch in 2021 - Welcome to our first installment of Watching the Pot™, which will provide summaries on recent buzz-worthy cannabis information, including decisions, legislation, news, and cases...more

Amundsen Davis LLC

Is The US On The Brink Of Cannabis Legalization? Not Quite, But The House Has Voted To Remove Cannabis From The Controlled...

Amundsen Davis LLC on

On the heels of the historic vote by the United Nations, which for the first time recognized the medicinal properties of cannabis and removed it from the most restricted substances under the 1961 Convention on Narcotic Drugs,...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

King & Spalding

FDA Releases Progress Report Regarding Enforcement Discretion Policy on Hemp-Derived Cannabidiol (CBD)

King & Spalding on

Last week, FDA submitted a report to Congress detailing the Agency’s progress on developing an enforcement discretion policy (i.e., a policy of not taking enforcement action) on hemp-derived cannabidiol (CBD). At the same...more

The Rodman Law Group, LLC

Marijuana, Hemp, CBD Shipping Guide for Consumers

Have you ever had a friend or family member ask you to ship them Edibles? Lotion? CBD? Something to help Aunt Sally’s sciatica? Shipping some of these things is not illegal, but it still can feel uneasy taking them to the...more

Seyfarth Shaw LLP

Department of Transportation Cautions Employers About CBD Use By Regulated Workers

Seyfarth Shaw LLP on

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of...more

Lowndes

Marijuana Tenants and the Effects on Landlord’s Rights in Bankruptcy

Lowndes on

Though states continue to legalize the use and sale of marijuana for medicinal and recreational uses, under federal law, marijuana remains an illegal “Schedule 1” drug pursuant to the Controlled Substances Act. ...more

Seyfarth Shaw LLP

Section 280E – Why Are We Still Having This Discussion?

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If you are in the cannabis industry, you should already know Section 280E of the Internal Revenue Code. It consists of only one sentence...more

King & Spalding

Congress Holds Hearing on Current & Future Federal Cannabis Policies

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On January 15, 2020, the House Energy & Commerce Committee, Subcommittee on Health held a hearing entitled “Cannabis Policies for the New Decade.” Government witnesses testified from: • the Drug Enforcement...more

Stinson LLP

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

Stinson LLP on

In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

Burns & Levinson LLP

2020: New Year, New Opportunities

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Now that the New Year is here and in full swing, B&L’s Cannabusiness advisory practice is taking some time to reflect on successes and shortfalls in the cannabis industry’s over the past 12 months. Following a momentous 2018...more

Ballard Spahr LLP

Banking Regulators Ease SAR Reporting Requirements Applied to Hemp-Related Businesses

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On December 3, 2019, four federal agencies – the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (“FDIC”), the Financial Crimes Enforcement Network (“FinCEN”), and the Office of the...more

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