News & Analysis as of

Controlled Substances Act Farm Bill

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

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

Troutman Pepper

Bridging Federal and State Cannabis Laws: Understanding the Impact of Proposed Changes and North Carolina’s Legislative Actions

Troutman Pepper on

Among the two most widely reported federal changes to cannabis regulation are the Department of Justice’s (DOJ) proposed regulation for the federal rescheduling of marijuana (the Proposed Rescheduling) and amendments to the...more

McGlinchey Stafford

DEA Proposes Rule to Reschedule Marijuana: Key Definitions

McGlinchey Stafford on

On May 16, 2024, the 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 rule was published...more

Akin Gump Strauss Hauer & Feld LLP

High Stakes: HHS Shakes Things Up on Marijuana Scheduling and DEA Abides

On May 16th, the U.S. Drug Enforcement Administration (DEA) issued a Notice of Proposed Rulemaking (NPRM) to initiate the rescheduling of marijuana from a Schedule I to a Schedule III drug. The NPRM, which was published in...more

Mintz

Rescheduling Madness: Key Takeaways from the Proposed Rule to Reschedule Marijuana under the CSA

Mintz on

Moving marijuana under the Controlled Substances Act (“CSA”) from Schedule I to Schedule III will bring celebrated changes to the beleaguered state-sanctioned cannabis industries currently operating in 37 states, but will...more

Husch Blackwell LLP

Hemp Production on the Upswing – Is Intoxicating Hemp the Main Driver?

Husch Blackwell LLP on

Earlier this year, hemp was included in the USDA’s Census of Agriculture. When hemp was first legalized in 2018, there was a boom in production under the fervor of new opportunities, spearheaded by the demand for CBD...more

Husch Blackwell LLP

Cannabis Law Now Podcast: THC Infused Beverages: Cantrip's Journey Through the Hemp-Derived Looking Glass

Husch Blackwell LLP on

In 2023, Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then, there’s been an influx of “THC Beverages” hitting the marketplace, including in interstate commerce. How is this legally possible, and...more

McGlinchey Stafford

“Hemp-Derived” THC in Massachusetts: Navigating the Regulatory Maze

McGlinchey Stafford on

The recent proliferation of intoxicating hemp products containing “hemp-derived” THCs in Massachusetts restaurants, liquor stores, and convenience shops has sparked debate among state officials in determining whether these...more

McGlinchey Stafford

Hemp Industry 2024: State and Federal Changes

McGlinchey Stafford on

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

Husch Blackwell LLP

What’s in Your “THC Beverages”?

Husch Blackwell LLP on

In November of last year, we wrote about how Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then (and probably before that), there’s been an influx of “THC Beverages” hitting the marketplace, and...more

Bradley Arant Boult Cummings LLP

Cannabis and Evidence: Budding Trends in Trial Advocacy

For as long as there have been rules of evidence and courtrooms, there have been products that can impair litigants or witnesses—and products whose use carries the potential to trigger certain stigmas in the eyes of the...more

Husch Blackwell LLP

Cannabis Drinks Hit Total Wine

Husch Blackwell LLP on

Many states with cannabis legalization have manufacturer and dispensary licenses that make and sell cannabis-infused beverages and even cannabis-infused drink mixes. What you don’t usually see is a major liquor retailer...more

McGlinchey Stafford

Is THCA Legal? The State Line is the Bottom Line

McGlinchey Stafford on

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

Bradley Arant Boult Cummings LLP

Real or Not Real? The Difference Between Legal Delta-8/Delta-10 THC and Illegal Delta-8/Delta-10 THCO

Last week, we wrote about the Drug Enforcement Administration’s (DEA) February 13, 2023 response letter stating that delta-8 THCO and delta-9 THCO – two forms of THC acetate ester (THCO) – are illegal controlled substances...more

Eversheds Sutherland (US) LLP

DEA confirms Delta-8 THCO & Delta-9 THCO are schedule I controlled substances but confusion remains

The US Drug Enforcement Agency (DEA) recently stated that delta-8 THC acetate ester (delta-8 THCO) and delta-9 acetate ester (delta-9 THCO) are not hemp, but Schedule I controlled substances under the Controlled Substances...more

Kaufman & Canoles

DEA Determines THC-O Illegal Under Federal Law

Kaufman & Canoles on

The 2018 Farm Bill, officially known as the Agriculture Improvement Act of 2018, is a comprehensive piece of legislation that governs agricultural and food policy in the United States. One of the key provisions of the 2018...more

Latham & Watkins LLP

FDA Finalizes Quality Recommendations for Cannabis in Clinical Investigations

Latham & Watkins LLP on

FDA provides recommendations on sources of cannabis in clinical research, resources for information on quality, and control status considerations under the Controlled Substances Act. Key Points: ..The Food and Drug...more

Eversheds Sutherland (US) LLP

FDA says “no” to CBD: Now what?

The FDA’s recent decision not to regulate CBD like a food or dietary supplement leaves a multi-billion-dollar industry in a lurch. What’s next, and what should companies do now?...more

Perkins Coie

FDA Releases Guidance on Clinical Research into Cannabis-Derived Drugs

Perkins Coie on

The U.S. Food and Drug Administration (FDA) recently released new guidance on sourcing and product quality to companies conducting clinical research related to the development of human drugs involving cannabis or...more

BakerHostetler

FDA Issues Guidance on Clinical Research with Cannabis

BakerHostetler on

On Jan. 23, the Food and Drug Administration (FDA) finalized industry guidance for clinical research using cannabis and cannabis-derived compounds, Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical...more

Butler Snow LLP

Half-Baked: An Overview of Current Cannabinoid Laws & Regulations

Butler Snow LLP on

Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug...more

DarrowEverett LLP

SAFE Banking Tweak Would Be Huge ‘Plus’ for Financial, Cannabis Industries

DarrowEverett LLP on

As the regulated sale of cannabis increasingly becomes sanctioned under state law, federal implications arising from its classification as a controlled substance continue to frustrate those in the banking industry who view...more

Vicente LLP

Will the 2023 Farm Bill Address Hemp Industry Pain Points and Public Safety Concerns?

Vicente LLP on

The 2018 Farm Bill, which legalized the cultivation and possession of hemp at the federal level by removing it from the list of controlled substances, is set to expire in September 2023 (the Farm Bill expires and is updated...more

Kaufman & Canoles

Forecasting the 2023 Farm Bill and the Potential Impact on the Hemp Industry

Kaufman & Canoles on

It is hard to believe that almost five years have passed since the 2018 Farm Bill (or The Agricultural Improvement Act of 2018, if you want to be formal) legalized industrial hemp and revolutionized an entire industry. Since...more

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