Controlled Substances Act

News & Analysis as of

Medical Marijuana and an Employer’s Rights in DC, Maryland, and Virginia

The District of Columbia, Maryland, and Virginia have all taken steps toward legalizing marijuana in some form. However, these laws differ in many respects and raise some interesting questions for employers. Because medical...more

Pennsylvania's Medical Marijuana Act Leaves Employers' Ability to Enforce Strict Drug-Free Workplace Policies Hazy

On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania. The new law – effective May 17, 2016 – allows patients...more

House Energy & Commerce Committee Approves Legislation to Address Opioid and Drug Abuse Epidemic

The House Energy & Commerce Committee has approved several more bipartisan public health bills, including a series of bills intended to combat opioid abuse and drug addiction. Specifically, the Committee approved...more

Ninth Circuit Agrees That Prohibition on the Possession and Distribution of Cannabis Does Not Violate RFRA

Founder and president of Oklevueha Native American Church of Hawaii, Inc. (“Oklevueha”), Michael Rex “Raging Bear” Mooney, filed suit in 2009 against various federal officials in the Federal District Court of Hawaii.  Mooney...more

President Obama Signs Zika Priority Review, Controlled Substances Laws

President Obama has signed into law S. 2512, which adds Zika virus to the Food and Drug Administration priority review voucher program to encourage the development of treatments for neglected tropical diseases. In addition,...more

The Challenges of the Evolving Marijuana Industry: Reconciling State Legislation with Federal Prohibition

Cultivation, production, distribution, or possession of marijuana is a federal criminal offense under the Controlled Substances Act (the CSA). Yet, despite federal prohibition, state-sanctioned marijuana industries have...more

HHS Proposes Doubling the Buprenorphine Patient Cap to Expand Access to Opioid Dependence Treatment

HHS has proposed increasing from 100 to 200 the patient limit for qualified practitioners who prescribe buprenorphine-based medication-assisted treatment under the Controlled Substances Act to expand access to treatment for...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On March 29, 2016, Centers for Medicare & Medicaid Services (CMS) issued a final rule entitled, “Medicaid and Children’s Health Insurance Programs: Mental Health Parity and...more

Cannabis and Preemption: U.S. Supreme Court Refuses to Hear Suit by Colorado’s Neighbors

In what was generally considered to be the biggest challenge to Colorado’s recreational cannabis laws to date, the U.S. Supreme Court denied a motion by the states of Nebraska and Oklahoma seeking to file a Bill of Complaint,...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On March 24, 2016, the Food and Drug Administration (FDA) issued a guidance entitled, “Draft Guidance for Industry: General Principles for Evaluating the Abuse Deterrence of Generic...more

Pharmaceutical Diversion – Risks and Steps to Address a Major DEA Focus

The opioid crisis, an ever-increasing focus of the Obama administration and 2016 Presidential Primary field, has highlighted the efforts of the Drug Enforcement Administration (DEA) and the Department of Justice (DOJ) to...more

U.S. Supreme Court Rejects Nebraska and Oklahoma’s Lawsuit Challenging Colorado Recreational Marijuana Laws

In December 2014, the States of Nebraska and Oklahoma filed a motion for leave to file a complaint against the State of Colorado with the Supreme Court of the United States (SCOTUS). The motion argued, among other things,...more

Controlled Substances Act Regulation Legislation Approved by Senate

The Senate recently approved an amended version of S. 483, the Ensuring Patient Access and Effective Drug Enforcement Act of 2015. The bill, which was approved on March 17, 2016, would clarify the standards an applicant to...more

Cannabis investing—a safe high?

The successive legalization of adult recreational use of marijuana in four states—Colorado, Washington, Oregon and Alaska—and the District of Columbia, as well as legalization of marijuana for medical use to varying degrees...more

Controlled Substances Treatment/Regulation Bills Clear Senate Judiciary Committee

The Senate Judiciary Committee approved two bipartisan bills on February 11, 2016 that are intended to address abuse of opioid and other controlled substances and clarify the regulation of controlled substances....more

Cannabis-Related Contract Enforcement: A Solution Presents Itself?

One of many concerns regarding the cannabis industry is the federal courts’ refusal to enforce cannabis-related partnership agreements, loan agreements, and various contracts related to business formation and operation. While...more

Employment Practices Newsletter - February 2016

In New Guidance, DOL Gets Aggressive on “Joint Employment” - By issuing a new interpretative document in January, the U.S. Department of Labor’s Wage and Hour Division attempted to clarify the concept of “joint...more

Haze Lifting on Employer's Rights and Medical Marijuana

The fast expansion of the medical marijuana movement has brought with it growing confusion on the line between a workers' rights to take advantage of the rights afforded by these state statutes and an employer's right to...more

Waiting to Exhale: Cannabis industry breathes sigh of relief over extension of Rohrabacher-Farr Amendment

With the recent signing of the Consolidated Appropriations Act of 2016 (H.R. 2029), President Obama extended a provision through September 2016 that restricts the federal government from interfering with states’ rights to...more

California marijuana dispensary scores victory against DOJ … but how long will it last?

The Marin Alliance for Medical Marijuana (MAMM), one of California’s oldest lawful marijuana dispensaries, won a major victory against the U.S. Department of Justice (DOJ) in October. In U.S. v. Marin Alliance for Medical...more

Congress Clears Controlled Substances Act Scheduling Legislation

On November 16, 2015, the House of Representatives approved HR 639, the Improving Regulatory Transparency for New Medical Therapies Act, clearing it for the President. The legislation would amend the Controlled Substances...more

Top takeaways from the 2015 Las Vegas Marijuana Business Convention

Joan Lebow, Carl Rowley, and Fred Roth of Thompson Coburn's cannabis practice attended Marijuana Business Media’s 2015 Marijuana Business Conference at the Rio Hotel, Las Vegas, where more than 5,500 attendees attended...more

FDA Regulatory and Compliance Monthly Recap — October 2015

FDA releases draft ICH guidance with aim to improve pharmaceutical benefit-risk assessments - The agency released ICH guidance to regulate how pharmaceutical makers should present benefit-risk information in regulatory...more

Federal court rules that DEA must stop interfering with compliant medical marijuana businesses

On October 19, 2015, the United States District Court for the Northern District of California rejected an argument by the US Government seeking a narrow interpretation of congressional legislation designed to limit federal...more

Employers and medical marijuana: Are California's anti-drug policies up in smoke?

What’s an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or...more

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