Controlled Substances

News & Analysis as of

The Failure to Warn of Cannabinoid Hyperemesis Syndrome

As more states legalize marijuana for recreational use, the long-term effects of marijuana use —the good and the bad — will continue to have a significant effect on the law, and in particular, products liability law. Products...more

Developing a Plan for Cannabis Industry Banking

Following voter approval of recreational cannabis, the California State Treasurer’s Office reported that by 2020 cannabis sales will increase by an estimated $6.64 billion. By taxing cannabis, California could bring in an...more

This Month in Corruption: the Same Old Saga Continues

As a faithful reader of the State House News Service, I have been noticing for years how often the Press Releases section of the service’s subscriber-only web site contains an account of wrongdoing and/or unsavory behavior in...more

OIG Expands Exclusionary Authority

The Department of Health and Human Services, Office of Inspector General (OIG) published a final rule on January 12, 2017, expanding the OIG’s authority to exclude providers from participation in federal healthcare programs....more

Ringing in the Change

The UAE legal system has always adopted globally accepted best practices when it comes to the issue of drug abuse. This approach is again witnessed in the newly effected Federal Law No. 8 of 2016, the new drug law, amending...more

Massachusetts Has Legalized Marijuana — Should Your Workplace Policies Go Up in Smoke?

On November 8, 2016, voters in Massachusetts (along with their counterparts in Maine, California, and Nevada) voted to legalize the recreational use of marijuana. This means that recreational marijuana use is now legal in...more

Smart Cannabis Businesses are Staking a Claim to Their Intellectual Property

Yes, cannabis is still listed as a Schedule 1 Controlled Substance; and yes, the United States Patent and Trademark Office (USPTO) will not register trademarks for cannabis strains. But there are still a number of creative...more

DEA Tweaks, Walks Back Changes to Renewal Process

DEA recently revised an earlier announcement that would have eliminated the grace period for renewals of controlled substance registrations. After initially declaring that prescribers and other registrants would no longer be...more

Deciphering Florida’s New Laws on ARNP and PA Controlled Substance Prescribing

During the 2016 legislative session, Florida granted authority to both advanced registered nurse practitioners (ARNPs) and physician assistants (PAs) to prescribe controlled substances, subject to approval by their...more

The Florida Medical Marijuana Law and Your Community Association - What You Need to Prepare For

With the recent passing of the Florida Medical Marijuana Law, there are two primary concerns for community associations and country clubs as it relates to this new amendment: - Do you have rules in place regarding usage...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

Legalization of Medical Marijuana – Now what?

Generally speaking, state marijuana laws fall into three categories: (1) legalization (laws that make the possession or use of marijuana legal); (2) marijuana decriminalization (laws that reduce criminal penalties for...more

Access to Cannabis for Medical Purposes Regulations (ACMPR) 101: Patients

On August 24, 2016, in response to Justice Phelan’s judgment in the case of Allard v Canada, Health Canada implemented the Access to Cannabis for Medical Purposes Regulations (ACMPR), replacing the Marihuana for Medical...more

When It Absolutely, Positively Has to Be Indicted Overnight: How to Prevent Future Debacles Like the FedEx Prosecution

Against the backdrop of years of unprecedented monetary penalties imposed through DOJ civil settlements and deferred prosecution agreements with financial institutions embroiled in the 2008 financial meltdown, the DOJ came...more

From The Sunshine State To The Green State: An Overview Of Medical Marijuana Laws In Florida

In Florida, the controversial fight for expanded use of medical cannabis has been led by groups of impassioned advocates who were narrowly defeated on the 2014 State ballot initiative. However, in light of Florida’s recent...more

Is There Coverage for The Pill Mill Lawsuits?

In an effort to deal with the terrible epidemic of drug abuse and the human and economic costs of this dilemma, the state of West Virginia has brought lawsuits in several jurisdictions against pharmaceutical companies and...more

USPTO Keeps the Door Locked for Marijuana-related Services

Medical marijuana is currently legal in 25 states, including four states that have also legalized recreational use (Alaska, Colorado, Oregon, and Washington). On Nov. 8, California voters will have a chance to make their...more

Your employee tells you he’s using medicinal marijuana . . . now what?

Since the passage of the Medical Marijuana Act (“MMA”), we have received many questions from employers regarding the MMA’s impact on employment law; one of the most frequent questions being – what do I do if an employee tells...more

Ninth Circuit Rejects Hawaii Cannabis Ministry’s RFRA Challenge

The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their...more

Health Care E-Note - June 2016

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil...more

Connecticut Health Law Legislative Update

Current law permits a hospital, health system, or medical school to organize and become a member of a medical foundation, which can practice medicine through its employees or agents who are physicians, chiropractors,...more

Ohio Becomes the Latest State to Legalize Marijuana for Certain Medical Uses While Avoiding Constitutional Ballot Initiatives

Last year, Ohio legislators found themselves caught in the middle of a media firestorm created by various pro-legalized marijuana groups who were politically savvy and financially funded enough to place multiple proposed...more

Addressing the Opioid Abuse Epidemic

The existence of an opioid drug abuse and addiction problem in the United States is no secret, although the scale of this problem may be less well known. From 1999 to 2014, more than 165,000 persons died from overdose related...more

House Approves Package of Bills to Address Opioid Epidemic

The House of Representatives has approved an amended version of S. 524, the Comprehensive Addiction and Recovery Act, which contains a wide-ranging collection of proposals to fight opioid abuse. The proposals were approved by...more

Legislative Update

House Passes Budget: This week was budget week at the General Assembly with the House passing a $22.22 billion budget by week’s end. The budget drew more bipartisan support than any other budget since the Republicans...more

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