Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more
9/26/2024
/ Americans with Disabilities Act (ADA) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hemp ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
THC ,
Zero Tolerance Policies
Despite the excitement of many over rescheduling cannabis from Schedule I to Schedule III, the move does not make cannabis “legal” unless it is produced, sold, and used within the tightly regulated parameters of the...more
8/9/2024
/ Bankruptcy Code ,
Business Expenses ,
Cannabis-Related Businesses (CRBs) ,
Chapter 13 ,
Commercial Bankruptcy ,
Controlled Substances Act ,
DEA ,
Debtors ,
Decriminalization of Marijuana ,
Insolvency ,
Internal Revenue Code (IRC) ,
Marijuana ,
Popular ,
Receivership ,
Tax Deductions
The Department of Justice’s move to reclassify marijuana as a less dangerous drug, on which it began formal proceedings on May 16, won’t legalize state-level adult use and medical marijuana unless it’s produced, sold, and...more
5/29/2024
/ Agribusiness ,
Bank Service Providers ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Financial Crimes ,
Financial Institutions ,
FinCEN ,
Marijuana ,
Marijuana Related Businesses ,
Racketeering
On May 21, 2024, the Drug Enforcement Agency (DEA) filed the Proposed Rule to move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. In light of the rescheduling marijuana news,...more
5/28/2024
/ Agribusiness ,
Business Expenses ,
Compliance ,
Controlled Substances Act ,
Cost of Goods Sold (COGS) ,
DEA ,
Decriminalization of Marijuana ,
Intellectual Property Protection ,
Investors ,
Labor Regulations ,
Marijuana ,
Marijuana Related Businesses ,
Popular ,
Schedule I Drugs
On May 16, 2024, the U.S. Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The Office of Legal...more
5/20/2024
/ Anti-Money Laundering ,
Comment Period ,
Controlled Substances Act ,
DEA ,
Department of Justice (DOJ) ,
FinCEN ,
Food and Drug Administration (FDA) ,
Marijuana ,
Marijuana Related Businesses ,
Office of Legal Counsel (OLC) ,
Popular ,
Proposed Rules ,
Schedule I Drugs ,
THC
As an increasing number of states across the U.S. are becoming marijuana-friendly, many states are simultaneously attempting to enact more restrictive laws with respect to hemp-derived cannabinoids. Participants in the...more
Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still...more
2/1/2024
/ Agribusiness ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Drug Paraphernalia ,
Marijuana ,
Marijuana Related Businesses ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Proponents of marijuana reform have had cause for celebration in 2023. Despite challenges facing the industry, the political and social momentum surrounding cannabis is ticking upward.
Most recently, the marijuana industry...more
10/18/2023
/ Agribusiness ,
Banks ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Credit Unions ,
DEA ,
Decriminalization of Marijuana ,
Financial Institutions ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Insurance Industry ,
Lenders ,
Popular ,
Proposed Legislation ,
Safe Harbors ,
Senate Banking Committee
Tetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal...more
10/17/2023
/ Cannabis Products ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
NIDA ,
Popular ,
Regulatory Standards ,
Research and Development ,
THC
A hard lesson was learned after cannabis was discovered in a suitcase at the airport: the government does not have to prove cannabis is marijuana to convict you of trafficking in marijuana. A new case recently clarified that...more
Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chemicals used in various industries, such as food packaging, cosmetics, and household products. More than 10,000 chemical substances can be classified as...more
6/29/2023
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
Contamination ,
Controlled Substances Act ,
Hazardous Substances ,
PFAS ,
Popular ,
Product Recalls ,
Soil ,
Toxic Chemicals ,
Wastewater
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more
6/22/2023
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Civil Rights Act ,
Controlled Substances Act ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Medical Marijuana ,
Popular ,
Prescription Drugs ,
THC ,
Title VII
For financial institutions who engage in marijuana-related banking services, the primary compliance challenge remains the disconnect between federal and state law, as it is still illegal to manufacture, distribute, or...more
6/19/2023
/ Agribusiness ,
Bank Secrecy Act ,
Cole Memorandum ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
Financial Crimes ,
Financial Institutions ,
FinCEN ,
Marijuana ,
Marijuana Related Businesses ,
Suspicious Activity Reports (SARs)
Today, nearly four-fifths of the United States have regulated medical marijuana markets. Nearly half of the United States, consisting of twenty-one states along with Washington, D.C. and Guam, have acted to legalize...more
3/31/2023
/ Agribusiness ,
Anti-Money Laundering ,
Banks ,
Controlled Substances Act ,
Convictions ,
Credit Unions ,
Decriminalization of Marijuana ,
FinCEN ,
Marijuana ,
Medical Marijuana ,
NCUA ,
Presidential Pardons ,
Racketeering ,
Recreational Use ,
Tax Revenues
Recently an individual employed by Trulieve Inc., who was responsible for grinding and handling cannabis at Trulieve’s cultivation site in Massachusetts, died due to asthma-related complications following exposure to...more
Can claiming you broke the law get you out of a contract?
Illegality And Unforceability-
MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more
2/8/2023
/ Abstention ,
Breach of Contract ,
Canada ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Discretionary Clauses ,
Federalism ,
Illegal Conduct ,
Illegality Defense ,
Liability ,
Rent
We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more
11/10/2022
/ Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Cannabis-Related Businesses (CRBs) ,
Civil Rights Act ,
Controlled Substances Act ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Federal Judiciary ,
Judges ,
Marijuana ,
Medical Marijuana ,
State Courts ,
Title I ,
Title II ,
Title III ,
Title VII
On October 6, 2022, President Biden took his first steps to overhaul federal policy on marijuana. In doing so, he pardoned individuals with federal offenses for simple marijuana possession and initiated review as to how the...more
On Thursday, July 21, 2022, Senators Chuck Schumer, Ron Wyden, and Cory Booker unveiled the long-awaited Cannabis Administration and Opportunity Act (CAOA), which, if passed, would decriminalize marijuana at the federal level...more
As the trend to legalize the medical and recreational use of marijuana continues to blaze through the states, federal law, and bankruptcy courts by extension, have not yet followed suit....more
6/8/2022
/ American Bankruptcy Institute ,
Bankruptcy Code ,
Cannabis-Related Businesses (CRBs) ,
Chapter 11 ,
Controlled Substances Act ,
Creditors ,
Decriminalization of Marijuana ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Workout Agreements