News & Analysis as of

Controlled Substances Act

Bradley Arant Boult Cummings LLP

Federal Appeals Court: Pay That Man His Money, Unless That Money Is Illegal Marijuana Money

Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law. A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to...more

DLA Piper

HHS to DEA: Marijuana Should Be Schedule III – What This Means for The Cannabis Industry

DLA Piper on

In a non-public letter sent earlier last week, the US Department of Health and Human Services (HHS) recommended to the US Drug Enforcement Administration (DEA) that marijuana be re-classified under the Controlled Substances...more

Goodell, DeVries, Leech & Dann, LLP

The 2018 Farm Bill’s Effect on State Cannabis Laws

Whether you practice full time as a cannabis attorney, dabble in cannabis law, or are simply interested in the evolving federal views and laws on marijuana, you may have caught wind that the federal Agriculture Improvement...more

Jackson Lewis P.C.

DEA Will Hold Public Hearing to Address Marijuana Rescheduling

Jackson Lewis P.C. on

The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act...more

ArentFox Schiff

DEA Announces December Hearing on Proposal to Reschedule Marijuana

ArentFox Schiff on

As we discussed during our recent webinar, the administrative process associated with the US Drug Enforcement Administration’s (DEA) proposed rescheduling of “marijuana” should be expected to proceed slowly and deliberately....more

Kilpatrick

Proposed Rescheduling of Marijuana Under the Controlled Substances Act May Not Improve Industry Access to Financial Services

Kilpatrick on

Despite the proliferation of state laws that legalize the cultivation and sale of marijuana, federal law has remained an obstacle to access to the U.S. financial system for marijuana sellers and producers. With penalties...more

Seyfarth Shaw LLP

Reefer Madness – TTAB Dismisses Opposition Because Cannabis Company Lacked Bona Fide Intent To Use Its Mark

Seyfarth Shaw LLP on

As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal...more

McGlinchey Stafford

What Would Cannabis Rescheduling Mean for Lending and Payments Legality?

McGlinchey Stafford on

The U.S. Drug Enforcement Agency’s proposal to reschedule cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA) has generated considerable buzz across business sectors, including for the...more

Foley Hoag LLP - Cannabis and the Law

Cannabis Rescheduling Update: DEA Announces Date for ALJ Hearing

On August 27, 2024, the Drug Enforcement Administration (DEA) has scheduled an ALJ hearing to consider briefs, evidence and witnesses from “interested parties” in connection with the DEA’s proposed rulemaking to reschedule...more

Husch Blackwell LLP

Turning Over a New Leaf: Ho-Chunk Nation Decriminalizes Cannabis

Husch Blackwell LLP on

A whopping 7 in 10 Americans favor the legalization of cannabis, according to Gallup, as more states are slated to legalize adult use cannabis, or at least decriminalize it, this year. Indigenous nations, such as Wisconsin’s...more

ArentFox Schiff

Investigations Newsletter: DOJ Launches Corporate Whistleblower Awards Pilot Program

ArentFox Schiff on

DOJ Launches Corporate Whistleblower Awards Pilot Program - On August 1, the US Department of Justice (DOJ) announced the details of its new Corporate Whistleblower Awards Pilot Program. According to the DOJ, the...more

McGlinchey Stafford

Impacts of Cannabis Rescheduling on Bankruptcy

McGlinchey Stafford on

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

Troutman Pepper

Cannabis Rescheduling: Closing of the Comment Period and What Lies Ahead

Troutman Pepper on

The proposed rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) marks a pivotal moment in the evolution of U.S. cannabis policy but may bring few practical changes to...more

Vicente LLP

Cannabis Rescheduling: The DEA Public Comment Period is Complete

Vicente LLP on

July 22, marked the end of the historic DEA public comment period for marijuana’s proposed rescheduling to Schedule III. Industry engagement was strong, and thanks to the efforts of advocacy organizations, industry...more

McGlinchey Stafford

What a Kamala Harris Presidency May Mean for Marijuana Policy

McGlinchey Stafford on

With the sudden change in the Democratic presidential candidate, there are a whole host of implications for the future of America. As presumptive nominee Kamala Harris ramps up her campaign for the White House, we examine her...more

Oberheiden P.C.

4 Things to Know About Ketamine Investigations

Oberheiden P.C. on

Federal law enforcement agencies, including the U.S. Drug Enforcement Administration (DEA), have amped up their investigations into the drug ketamine in recent years, likely in reaction to some high-profile overdose deaths....more

Epstein Becker & Green

The DEA Is Knocking at Your Door . . . Are You Prepared? – Diagnosing Health Care

Knock, knock! If the Drug Enforcement Administration (DEA) is already at your door, it may be too late. Enforcement is on the rise, and the microscope is fixed on controlled substances. What can industry stakeholders do to...more

Carr Maloney P.C.

25 Lawmakers Oppose Cannabis Rescheduling

Carr Maloney P.C. on

On August 29, 2023, the Department of Health and Human Services sent a letter to the Drug Enforcement Administration (“DEA”) urging them to reclassify marijuana as a schedule III drug. The Department of Health and Human...more

Holland & Knight LLP

Congress Advances Cannabis and Hemp Proposals

Holland & Knight LLP on

Recent congressional activity highlights the changing environment for cannabis regulation. Specifically, U.S. Congress is moving forward with legislation that will change the regulation of hemp-derived products. The industry...more

Cozen O'Connor

Republican AGs Submit Comments Opposing Rescheduling Marijuana

Cozen O'Connor on

Eleven Republican AGs, led by Nebraska AG Mike Hilgers, submitted comments opposing the DEA’s notice of proposed rulemaking (NPRM) that would move marijuana from Schedule I to Schedule III of the Controlled Substances Act...more

McGlinchey Stafford

Is The Smoke Clearing For Bankruptcy Access By Cannabis Companies?

McGlinchey Stafford on

With few exceptions, a cannabis-related business (CRB) will be denied access to relief under the U.S. Bankruptcy Code (11 U.S.C. § 101, et seq.) (Bankruptcy Code) because marijuana remains a controlled substance under the...more

Troutman Pepper

The Impact of Cannabis Rescheduling on State Laws and Regulations: Insights From CANNRA

Troutman Pepper on

In May, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking to transfer cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), a change that could significantly affect current...more

Morrison & Foerster LLP

DOJ Proposes Rescheduling Marijuana

On May 16, 2024, the U.S. Department of Justice (DOJ) announced a plan to reschedule marijuana under the Controlled Substances Act (CSA) from a schedule I to a schedule III controlled substance. The Attorney General and the...more

Rivkin Radler LLP

Tax Considerations and the Reclassification of Marijuana – We’re Not There Yet

Rivkin Radler LLP on

Having been swept along for nine days “by the force of the hostile winds on the fishy sea,” Odysseus and his crew came to a strange land. After securing their ships, Odysseus sent some of his “companions ahead, telling them...more

Smith Debnam Narron Drake Saintsing & Myers,...

The “Buzz” on Medical Marijuana in the Workplace: Current Trends and Advice

The legal landscape relating to the permissible use of medical marijuana in the United States is evolving rapidly, presenting employers with a complex legal environment to navigate, with states taking varying stances on the...more

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