News & Analysis as of

Controlled Substances Act

Cannabis Considerations: Protecting your Cannabis Innovation

by Knobbe Martens on

Introduction – Is Patenting Cannabis Legal? Early protection of intellectual property is a critical component in any business’s efforts to secure a competitive advantage in the marketplace. In the cannabis space, efforts...more

Is Marijuana “Legal” Now? The Cannabis Industry and Your Risk

by Williams Mullen on

As more states join the majority, regulating some form of medical or recreational marijuana, the federal government’s position remains unchanged. Under federal law, it remains illegal to cultivate, process, distribute or...more

It’s High Time to Update Your Marijuana Policies

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in...more

Dot Your I’s and Check Your Deeds Before Celebrating 4/20

The cannabis industry – both recreational and medicinal – is one of constant development, with a litany of obstacles. Even since December of last year when we began our series on the legalization of marijuana and its...more

FDA Seeks Comments On Potential Marijuana Reclassification Under International Drug Control Treaty

by Jackson Lewis P.C. on

The Food and Drug Administration requested comments in a notice published in the Federal Register on April 9, 2018 concerning the “abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling...more

The Legality of Cannabidiol and Concerns Regarding False Advertising

by Cozen O'Connor on

The legality of marijuana (also known as cannabis) has been a popular topic in recent years with thirty states and the District of Columbia having laws that legalize marijuana in some form. However, under federal law,...more

The Hemp Farming Act Of 2018….Legalize it!

by Husch Blackwell LLP on

The bill, known as the Hemp Farming Act of 2018, would legalize hemp, removing it from the federal list of controlled substances and allowing it to be sold as an agricultural commodity. “By legalizing hemp and empowering...more

Josephine County Sues State of Oregon Over Marijuana Laws

Josephine County responded aggressively to a recent adverse decision by the Oregon Land Use Board of Appeals (LUBA), bringing suit against the State of Oregon to invalidate the state’s marijuana laws. The complaint, filed...more

McConnell Set to Propose Legislation to Legalize Industrial Hemp

by White and Williams LLP on

United States Senate Majority Leader Mitch McConnell has announced that he would introduce legislation that would legalize hemp as an agriculture product. The Hemp Farming Act of 2018 would essentially remove hemp from a list...more

PTO’s Rejection of Marks Related to Marijuana Should Be Found Unlawful

by Dorsey & Whitney LLP on

The United States Patent and Trademark Office rejects trademark applications when it determines that the use of the mark is unlawful under the Controlled Substances Act. See In re Brown, 119 USPQ.2d 1350 (TTAB 2016) In the...more

Rohrabacher–Blumenauer Amendment included in omnibus FY 2018 spending bill

by Thompson Coburn LLP on

The most significant legislation to date protecting the medical cannabis industry from the use of Department of Justice funds for enforcement of the Controlled Substance Act (CSA) was renewed on Friday, March 23, 2018. On...more

Cook County voters’ support of recreational cannabis in non-binding referendum promising for future of Illinois cannabis

by Thompson Coburn LLP on

Even as the future of recreational cannabis at the federal level is dim, Illinois may be moving toward a brighter horizon for recreational cannabis. On March 20, 2018, during a state primary voting cycle, Cook County (which...more

Marijuana in the Workplace: What Maryland Employers Should Know

by Pessin Katz Law, P.A. on

In light of recent legislation passed in Maryland, employers now face the question of whether or not to amend their existing drug enforcement policies to reflect medical marijuana users in the workplace. Although under...more

Fate of legalized cannabis hinges on key vote

by Thompson Coburn LLP on

On Thursday, March 22, U.S. Congress will vote on the most recent omnibus spending bill, allocating the funds approved by President Trump when he signed a budget deal on February 8, 2018. Since 2014, every such spending bill...more

Green Hands Aren’t Unclean Hands: 9th Circuit BAP Retreats from Mandatory Dismissal in Marijuana Cases

by Burns & Levinson LLP on

A 92-year-old landlord who leased a storefront to a marijuana dispensary will receive a new hearing after a court dismissed her bankruptcy case on the grounds that acceptance of rent payments from the dispensary disqualified...more

NYS Senator Gillibrand To Co-Sponsor Marijuana Justice Act

by Farrell Fritz, P.C. on

As we’ve discussed in previous blog posts, marijuana, whether used for medicinal or recreational purposes, is classified as a Schedule 1 drug under the Controlled Substances Act (CSA). ...more

Reefer Madness: Best Practices for Managing Marijuana Use in Senior Care and Housing

Marijuana Perception and Legalization - Once upon a time, Americans viewed marijuana as a dangerous drug leading to serious addiction and crime. According to the 1936 cult classic movie Reefer Madness, “women cry for it...more

K&L Gates Triage: The Opioid Epidemic: Federal and State Requirements on Medication-Assisted Treatment for Substance Abuse...

by K&L Gates LLP on

In the sixth episode of our series on the national opioid crisis, Lauren Perry discusses some of the legal obligations for providers who prescribe controlled substances as treatment for substance abuse disorders....more

Washington Appellate Court Upholds County Ban on Retail Marijuana Sales

The Washington Court of Appeals Division II has ruled that Clark County can lawfully ban the retail sale of marijuana within its unincorporated areas. In a unanimous decision issued on March 13 in Emerald Enterprises, LLC v....more

Proposed Trademark Classes for Cannabis-Related Marks in Doubt as California Allows Registration under Existing Classes

by Wilson Elser on

One year after Wilson Elser published an article comprehensively exploring “California’s Bill to Add Marijuana Trademark and Service Mark Classifications” and other cannabis brand-protection alternatives, the referenced bill...more

High Court Faced with the Issue of Marijuana Legalization in Bankruptcy

It was only a matter of time before the budding state laws legalizing marijuana use ran up against the federal government’s treatment of the drug as a controlled substance – and what better place for the two sides to meet...more

K&L Gates Triage: The Opioid Epidemic: DEA’s Role in Regulating Individuals and Entities Handling Controlled Substances

by K&L Gates LLP on

In the fifth episode of our series on the national opioid crisis, Hilary Bowman discusses the Drug Enforcement Administration’s (DEA) role in regulating individuals and entities handling controlled substances, including...more

Marijuana Marketing: The Do’s and Don’ts of Cannabis Advertising in California

by Wilson Elser on

The new cannabis market is bringing with it the traditional competitive pressures on businesses to establish brands they hope will dominate the expanding industry for years to come. Advertising and marketing that runs afoul...more

The Path To Legalization: New Jersey’s Pursuit Of Marijuana Reform

by Cole Schotz on

Upon assuming office earlier this year, New Jersey Governor Phil Murphy emphasized his intention to legalize marijuana for adult use throughout the State as a priority item. To that end, the State of New Jersey has already...more

Federal Court Rejects Constitutional Challenge To Marijuana’s Classification As Schedule I Drug

by Jackson Lewis P.C. on

A federal district court in the Southern District of New York rejected a constitutional challenge to marijuana’s classification as a Schedule I drug under the federal Controlled Substances Act (“CSA”). Washington, et al. v....more

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