News & Analysis as of

Controlled Substances Act

Working With a Commercial Cannabis Tenant

The emergence of legalized marijuana for recreational adult use in California, beginning in some counties as early as January 2018, will require those involved in commercial real estate to continue to consider the pros and...more

Justice Department reverses course on marijuana enforcement: What it means for employers

by Nexsen Pruet, PLLC on

Attorney General Jeff Sessions recently issued a guidance memorandum rescinding several Obama-era Justice Department memoranda regarding federal marijuana enforcement. ...more

Sessions Isn’t Blowing Smoke—Marijuana Enforcement Is Back on the Books

by Blank Rome LLP on

At the beginning of January, Attorney General Jeff Sessions issued a one-page memorandum rescinding the Obama-era approach to marijuana enforcement, which had largely been “hands-off” on prosecuting marijuana users and...more

Assessing the Sessions Memo’s Impact on Legalized Marijuana

by Burns & Levinson LLP on

As most are by now likely aware, last Thursday, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys entitled “Marijuana Enforcement,” which noted that decisions to prosecute even legal marijuana have...more

U.S. Attorneys React To New Marijuana Enforcement Guidance From Attorney General

by Fox Rothschild LLP on

As part of his recent guidance regarding federal Marijuana Enforcement, U.S. Attorney General Jeff Sessions indicated he would place more discretion in the hands of individual federal prosecutors in enforcing the Controlled...more

Attorney General Sessions' Rescission of DOJ Marijuana Guidance Signals Uncertainty for the Marijuana Industry

by Stinson Leonard Street on

On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded all of the prior Obama-era Department of Justice (DOJ) marijuana-related guidance, including the so-called “Cole Memo.” That guidance had provided...more

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

by Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

DOJ Reverses Course on Marijuana Enforcement

by Holland & Knight LLP on

The U.S. Department of Justice released a memorandum on December 4th, directing all U.S. Attorneys to use their prosecutorial discretion to enforce the Controlled Substances Act (CSA) of 1970 with respect to the cultivation,...more

Justice Department Kills the Weed Buzz; Leaves Treasury Guidance in a Haze

by Reed Smith on

After months of “will he or won’t he” speculation, on January 4, 2018 U.S. Attorney General Jeffrey B. Sessions issued a memorandum addressed to all U.S. Attorneys declaring “unnecessary” and rescinding, “effective...more

Federal Government To Crack Down On States' Legal Marijuana Businesses

by Roetzel & Andress on

The federal government has changed its view about legal marijuana businesses in the States. During President Obama’s terms in office, three memorandums were issued by the Department of Justice (DOJ) stating that the federal...more

U.S. Department Of Justice Reverses Hands-Off Enforcement Policy On Marijuana

by Jackson Lewis P.C. on

Three days after retail sales of recreational marijuana became legal in California, U.S. Attorney General Jeff Sessions has announced a new marijuana enforcement policy that calls for rescinding the long-standing, lenient...more

AG Sessions Rescinds Memo On State Marijuana Laws

by Akerman LLP on

U.S. Attorney General Jeff Sessions formally rescinded multiple prior U.S. Department of Justice memoranda and guidelines, including the “Cole Memo,” that address federal enforcement priorities impacting the legal cannabis...more

AG Sessions Ends Obama-Era Policies Governing Federal Marijuana Enforcement; Sudden Wave of Enforcement Unlikely

by Kelley Drye & Warren LLP on

Timed almost to the day that California legalized recreational marijuana, Attorney General Jeff Sessions announced on Thursday, January 4, that the Department of Justice has rescinded the Obama-era guidance (the Cole Memo)...more

DOJ Rescinds Obama-Era Guidance on Prosecutions of State-Legalized Marijuana Businesses and Service Providers

by Goodwin on

The U.S. Department of Justice (DOJ) today issued a memorandum in which it rescinded guidance issued during the Obama Administration related to the enforcement of the Controlled Substances Act, and related money laundering...more

Sessions Changes the US DOJ’s Position on Prosecutorial Discretion Involving Marijuana in States Permitting Use – But is that a...

by Fisher Phillips on

As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more

Recreational marijuana shake-up: Sessions revokes Cole Memorandum

by Thompson Coburn LLP on

Yesterday, Jan. 4, 2018 – just four days after recreational cannabis became legal in California – Attorney General Jeff Sessions rescinded the long-standing “Cole Memorandum” issued in 2013 by Deputy Attorney General James M....more

Sessions Memo Resets Federal Marijuana Enforcement Policy

The U. S. Department of Justice (DOJ) issued a memo dated January 4, 2018 regarding federal marijuana enforcement policy, directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established...more

AG Sessions Issues Cannabis Policy Reversal. What Does It Mean For The Industry?

by Fox Rothschild LLP on

Attorney General Jeff Sessions issued a memo today that effectively ends the Obama Administration’s “hands off” approach to licensed cannabis operations in states where cannabis has been legalized for medicinal or...more

Alert: U.S. Rescinds Cannabis Guidance Including Cole Memorandum

On January 4, 2018, U.S. Attorney General Jeff Sessions issued a memorandum to U.S. attorneys, which rescinded all previous nationwide guidance specific to cannabis enforcement, including the so-called “Cole Memorandum” that...more

What to Watch For: The Near-Term Outlook on Cannabis

by Burns & Levinson LLP on

We anticipate 2018 as being a pivotal year for cannabis across the country. As momentum for the movement to legalize continues to build, here are some of the things we’re keeping an eye on....more

Electronic Medical Records and Federal Criminal Prosecution

Electronic medical records (or “EMR”) were supposed to be a boon to the provision of healthcare. As two Boston-area physicians point out, EMR are anything but a benefit...more

Legalized Marijuana Resulting in Real Estate High: Industry Side-Effects

The real estate industry has been on a high after the legalization of marijuana, but as we examined in “Part 1: The Real Estate Bloom,” getting involved in this budding industry comes with risks, the majority of which stem...more

Pill Mills, Poppy Flowers, Dead Poets and the Human Resources Department

Having been through a seven-week federal criminal “pill mill” trial, I think a lot about enforcement of the Controlled Substances Act and its effect on physicians. Aggressive enforcement effects others in healthcare as well,...more

High Times? Medical Marijuana In The Classroom

by Fisher Phillips on

Medical marijuana first became legal in the U.S. more than 20 years ago when, in 1996, California passed its groundbreaking law. Since then, an increasing number of states have passed their own laws to allow the legal use of...more

AG’s Conflicting Marijuana Policy Comments Leave Some Dazed And Confused

by Fisher Phillips on

If you have been following recent comments by Attorney General Jeff Sessions in an attempt to predict marijuana policy under the Trump Administration, you might be left scratching your head. In recent comments before...more

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