News & Analysis as of

Marijuana Controlled Substances Act

Senate Expected to Vote on Gottlieb Nomination Next Week

by Kelley Drye & Warren LLP on

On May 4, 2017, Senate Majority Leader Mitch McConnell (R-KY) filed cloture on the nomination of Dr. Scott Gottlieb to be the next FDA Commissioner. A cloture vote to end debate will occur Monday afternoon, with 50 votes...more

Labour and Employment Alert: Taking the High Road: the Federal Framework and Preparing for the Legalization of Marijuana

by Field Law on

On April 13, 2017, the federal government tabled two new cannabis related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts...more

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

by Fox Rothschild LLP on

An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age...more

Delaware Legislature Considers Legalizing Recreational Marijuana Use

by Cozen O'Connor on

House Bill No. 110 (HB 110) was recently introduced in the Delaware legislature to allow for recreational marijuana use by individuals 21 years of age or older. HB 110 would create a regulatory system for recreational...more

National Survey on Marijuana Laws and Regulations

by Fox Rothschild LLP on

This survey has been provided by the Fox Rothschild Cannabis Practice as a quick reference to relevant laws and statutes governing marijuana usage in the United States. Legalized cannabis – for medical or...more

Marijuanaville v. Margaritaville: Registering Trademarks For Chemically Induced Mental Paradises

Although marijuana is becoming legal to varying degrees in an increasing number of states, your chances of getting a marijuana trademark registered with the United States Patent and Trademark Office (PTO) are still grim. In...more

U.S. Senators Seek Clarification From Department of Justice Regarding Federal Marijuana Enforcement Priorities

by Jackson Lewis P.C. on

In light of White House Press Secretary Sean Spicer’s recent comments that the Department of Justice may seek “greater enforcement” of the federal laws prohibiting the recreational use of marijuana, eleven U.S. Senators sent...more

The end of legalized recreational cannabis under President Trump?

by Thompson Coburn LLP on

Ever since President Trump took office, the cannabis industry has been holding its breath to see how the new administration would handle the burgeoning industry. Trump’s previous statements about cannabis have been mixed,...more

What Would "Greater Enforcement" Mean for Washington's Cannabis Businesses?

by Garvey Schubert Barer on

Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press...more

White House Previews Federal Marijuana Policy

by Akerman LLP on

Late last week, the White House provided the most significant insight since the inauguration as to how the Trump Administration will handle federal marijuana policy. During an afternoon press briefing, White House press...more

Federal Marijuana Law Enforcement Trends

by Locke Lord LLP on

The election of Donald Trump as President of the United States may lead to a significant change in the enforcement of the Controlled Substance Act (CSA) with respect to both medical and recreational uses of marijuana. Since...more

Clearing up the Smoke: Insurance and Marijuana

by Zelle LLP on

Following on from our last article concerning issues for (re)insurers arising from an insured’s illegal conduct, this article examines the issues arising out of the burgeoning legalized marijuana industry in the...more

Protection of Marijuana Brands in the United States

by Cozen O'Connor on

Brand protection for companies engaged in marijuana-related businesses continues to present special challenges given the federal prohibition on the sale, distribution, and possession of marijuana under the Controlled...more

States Continue Trend to Legalize Marijuana

by Conn Maciel Carey LLP on

During this recent election season, in addition to choosing the next President of the United States, voters in many states had a hand in dictating the future of legal marijuana use in this country. Previously, only Colorado,...more

Warning to "Marijuana Investors" Consider Federal Enforcement

by Sanford Millar on

The Controlled Substances Act ("CSA") lists Marijuana (cannabis) as a Schedule 1 drug. That means "the drug or substance has no currently accepted medical use in treatment in the United States. Efforts to reclassify marijuana...more

Election results widen gulf between federal v. state regulation of cannabis

by Thompson Coburn LLP on

Legal cannabis programs continue to spread to more states with every election cycle. On Nov. 8, 2016, Arkansas, Florida, Montana and North Dakota passed laws legalizing cannabis for medical uses, while California, Nevada,...more

Nevada’s New Recreational Marijuana Law: What Employers Need to Know

On November 8, 2016, voters approved Nevada’s Initiative to Regulate and Tax Marijuana (more commonly known as Question 2) by a margin of 54 percent to 46 percent. When codified and enacted, this law will be cited as the...more

Marijuana Election Results: Risks and Opportunities

by Goodwin on

Trump and Clinton grabbed all of this week’s headlines, but marijuana-related referenda were also on the ballots in nine states. The results of the referenda will dramatically change the landscape of state-legalized marijuana...more

Historic Night for Cannabis Legalization

by Baker Donelson on

Tuesday night was the biggest electoral victory for cannabis reform since Colorado and Washington's 2012 approval of the recreational use of cannabis, with eight states passing ballot measures legalizing some form of cannabis...more

Branding Buds – Still Illegal Under Federal Law

by Weintraub Tobin on

If voters in California approve Proposition 64 which would legalize the possession and use of marijuana for recreational purposes, it is without question that the sunshine state will see a huge increase in the number of...more

Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use

by Littler on

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

Selling Marijuana is still a Federal Crime, but income must be reported

by Sanford Millar on

The prevalence of state laws legalizing the sale of marijuana does nothing to change federal law. Marijuana remains a Schedule 1 drug under the Controlled Substances Act, (21 USC 801, et seq). The act of manufacturing,...more

If More States Vote ‘Green’ This November, Some Believe It Could Be ‘The Beginning of the End of the War On Marijuana’

Next month, voters in five more states will decide whether to legalize recreational marijuana. As reported by The New York Times in an insightful article on this issue, some legalization advocates hope a (green) thumbs up...more

Weed in the Workplace: What You Need to Know

by Baker Donelson on

You have not heard the presidential candidates discuss medical marijuana or efforts to decriminalize recreational use. Nevertheless, state legislatures and local governments have been tackling these issues for some time,...more

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

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