Marijuana Cultivation

News & Analysis as of

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

The Marijuana Industry’s Big Win: The DEA’s Refusal to Reschedule

Earlier this year, when the U.S. Drug Enforcement Agency (DEA) indicated it would have an announcement regarding a now five-year-old petition to reschedule cannabis, numerous industries on the “outside looking in” were...more

The silver lining in the DEA’s refusal to reclassify cannabis

As far back as 2011, elected officials have sent letters to the U.S. Drug Enforcement Administration urging it to reclassify cannabis by removing it from the list of Schedule I controlled substances. After promising a...more

DEA Just Said No to Rescheduling Cannabis: Why It Matters

The U.S. Drug Enforcement Agency (DEA) recently denied a petition to initiate proceedings to reschedule cannabis under the Controlled Substances Act (CSA). Thus, Cannabis will remain a Schedule I substance under the CSA. ...more

The DEA Is Getting Past Just Saying No: Scientific Research Into Medical Uses of Marijuana Is a Bridge Toward a Policy Shift

The U.S. Drug Enforcement Agency (DEA)’s recent decision declining to reschedule cannabis is a step bridging the national discussion — a step toward a possible agreement on medical cannabis through scientific research. The...more

DEA Rejects Petitions Seeking to Reschedule Marijuana

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

DEA Rejects Petitions to Reclassify Marijuana, but Opens the Door to Expanded Marijuana Research Efforts

In a long-awaited decision released this morning, the United States Drug Enforcement Administration announced that it has denied two petitions to reschedule marijuana under the Controlled Substances Act (the “CSA”). The DEA...more

DEA Declines to Change Stance on Marijuana but Opens Door to Federally Sanctioned Marijuana Research

On August 11, 2016, the Drug Enforcement Administration (DEA) formally declined to change its position on the medical or recreational use of marijuana, denying two petitions urging the federal government to change marijuana’s...more

Metropolitan King County Council Votes to End Moratorium on Accepting or Issuing Permits for Marijuana Growers, Processors, and...

The Metropolitan King County Council voted on July 25th to end the moratorium on accepting or issuing permits for marijuana growers, processors, and retailers in unincorporated areas of the county. Additionally, per the...more

California Environmental Law & Policy Update - July 2016 #2

Environmental and Policy Focus - Air Resources Board releases plan to extend cap-and-trade system to 2050 - Scientific American - Jul 13 - The California Air Resources Board (“ARB”) this Tuesday released a...more

Andy Aley Advises on Intricacies of Marijuana Businesses at University of Washington School of Law’s Inaugural Marijuana Policy...

The University of Washington School of Law’s Cannabis Law and Policy Project hosted its first annual conference on Washington state marijuana policy on June 14, 2016. Rick Garza, Director of the Washington State Liquor...more

Recreational Cannabis — Section 280E and Tax Efficient Structuring

Recreational cannabis businesses operate in a world of conflicting state and federal laws. Several states have legalized recreational cannabis, yet, under federal law, cannabis remains an illegal Schedule I drug under the...more

Legislative Update

With negotiations on the budget bill (H1030) continuing outside the public view, this week the General Assembly focused on other issues. Body Cameras (H972) - The House Judiciary II Committee approved a plan to...more

Emergency Moratorium in Unincorporated King County

In a surprise move, the Metropolitan King County Council imposed a four-month moratorium on accepting or issuing permits for marijuana growers, processors, and retailers. The moratorium took effect Monday, April 25th, and...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

Analysis of Ohioans for Medical Marijuana’s Proposed Ballot Initiative

Late last week the Ohio ballot board certified a constitutional amendment (the “Amendment”), proposed by Ohioans for Medical Marijuana (“OMM”), to create a comprehensive regulatory program for the provision and sale of...more

California Medical Marijuana Regulation and Safety Act: What you need to know

After being the first state to legalize medical marijuana almost 20 years ago, California is implementing regulations across the industry. Commentators have focused on the effective and efficient processes called for in the...more

Bike Lanes, Jedi, Medicine Men, Cowboys and More: This Week’s RLUIPA Round-Up

What is Religious Exercise? remains a prevalent question in religious land use news this week.  Below, find our semi-regular summary of news items involving local government, religion, and land use....more

California Environmental Law & Policy Update - August 2015 #3

Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

Assembly Bill 266 provides long-awaited medical marijuana regulatory framework in California

In 1996, California voters passed Proposition 215 and California became the first state to legalize medical marijuana. Now, 20 years later, AB 266 looks like the state’s best chance at regulating the cultivation and...more

Cannabis Conflicts Part II: The problem with state and federal food labelling requirements

Illinois’ “Compassionate Use of Medical Cannabis Pilot Program Act” (the “CUMCPPA”) creates an entire regime of laws, regulations and procedures by which individuals and companies are building medical cannabis growing...more

California Environmental Law & Policy Update - June 2015 #3

Environmental and Policy Focus - State Water Contractors accuse California farmers of illegally taking river water: KPCC - Jun 16: The State Water Contractors, an association of 27 public agencies that purchase water...more

State of Florida to Award Low-THC Cannabis Dispensing Organization Licenses After Judge Dismisses Final Pending Challenge to...

The Florida Department of Health will soon be accepting applications from organizations interested in cultivating and distributing low-THC cannabis in the state after an administrative law judge dismissed the final pending...more

Much Ado About Doing Nothing: DOJ’s Latest Memorandum Cracks Open Door to Marijuana Development on Tribal Lands

In December 2014, the Department of Justice (DOJ) released a policy statement regarding enforcement of marijuana laws in Indian Country. While some media have reported the Department’s statement as carte blanche for tribes to...more

Food and Beverage News and Trends Series

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Nestle Purina hit by lawsuit over allegedly poisonous dog food. A lawsuit...more

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