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Controlled Substances Act Marijuana Cultivation

Husch Blackwell LLP

Cannabis Litigation Update: Canna Provisions Case

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While the cannabis industry is closely following the recently published notice of proposed rulemaking from the Department of Justice (“DOJ”) and the Drug Enforcement Administration (“DEA”), which will move cannabis from a...more

Akerman LLP

DEA Breaks Silence on Reclassification of Marijuana, Proposing Move to Schedule III

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After months of anticipation following the U.S. Department of Health and Human Services' recommendation to reschedule marijuana from a Schedule I to a Schedule III controlled substance, we finally have insight into the...more

Husch Blackwell LLP

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

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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

Burns & Levinson LLP

A Look into the 2024 Cannabis Crystal Ball

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As books for 2023 have officially been closed, we are looking forward to greener pastures in 2024. 2023 proved to be a difficult year for many operators, and some even fell victim to a tough financial market and were forced...more

Burns & Levinson LLP

An Introduction to Rescheduling Realities

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For many, the most exciting prospect in the cannabis industry for 2024 is the possibility of rescheduling cannabis from a Schedule I controlled substance to Schedule III under the Controlled Substances Act (as amended and in...more

Husch Blackwell LLP

Cannabis Law Now Podcast: The ‘CannaBoies' Lawsuit and Why it Matters

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On October 26, 2023, a group of large cannabis companies based in Massachusetts filed suit in the U.S. District Court for the Western District of Massachusetts against Merrick Garland, our current U.S. attorney general,...more

Perkins Coie

HHS Releases Memorandum Recommending Rescheduling Marijuana to Schedule III

Perkins Coie on

On January 12, 2024, a 252-page memorandum from the U.S. Department of Health & Human Services (“HHS”) was publicly released. This memorandum, dated August 29, 2023, portends a potential monumental shift in the regulation of...more

Husch Blackwell LLP

Cannabis Litigation Alert: Commerce Clause Back on Blast

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Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the same time, the SAFER...more

Wilson Sonsini Goodrich & Rosati

Navigating the Current State of Financial Services for Marijuana Businesses and Preparing for Future Changes in Cannabis Banking

The legal landscape for marijuana-related businesses (MRBs) has seen significant change and challenges in recent years. Despite the legalization of marijuana for medical or recreational use in various states, it remains a...more

McGlinchey Stafford

Rescheduling Marijuana: Understanding the Legal Impacts

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Marijuana is currently listed as a Schedule I substance in the Controlled Substances Act (CSA); this scheduling means the federal government concluded marijuana has no currently accepted medical use in any setting. This could...more

Fox Rothschild LLP

In re The Hacienda Company, LLC – a Flicker of Hope for Distressed Cannabis Companies: Can Non-Operating Cannabis Companies...

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Until recently, the bankruptcy courts have generally been unavailable for insolvent cannabis companies to liquidate or reorganize.   The Office of the United States Trustee (the “UST”) has a mandate from the Department of...more

McGlinchey Stafford

Employers Subject to Workplace Safety Laws Despite Marijuana’s Illegal Status

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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

Butler Snow LLP

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

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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

ArentFox Schiff

New Law Eases Federal Restrictions on Medical Marijuana Research and Cultivation

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The Medical Marijuana and Cannabidiol Research Expansion Act (MMCREA) became law last Friday. The bipartisan legislation will roll back federal restrictions on medical marijuana research and the cultivation of research-grade...more

Bradley Arant Boult Cummings LLP

Bipartisan “Reef-orm”: Calls to Deschedule Marijuana Abound on Capitol Hill at Bipartisan Congressional Hearing

“Progress, far from consisting in change, depends on retentiveness… Those who cannot remember the past are condemned to repeat it.” – George Santayana, The Life of Reason - We originally aimed to quote Santana rather...more

Vicente LLP

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

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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

Rivkin Radler LLP

Cannabis & the Mid-Terms: What Tax Policy?

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On October 6, 2022, the President announced three changes in the Federal government’s policy toward cannabis: 1.He pardoned all prior Federal offenses of simple possession of marijuana; 2.He urged governors to do the same...more

Burns & Levinson LLP

Trouble Brewing? A Look at the Cannabis Industry’s Signs of Distress – and Resilience

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“If you build it, they will come.” These were the words spoken from above to Kevin Costner’s character, Ray Kinsella, in Field of Dreams, as he walked through an Iowa cornfield and envisioned Shoeless Joe Jackson standing in...more

Seyfarth Shaw LLP

Federal vs. State Approaches to Cannabis: Recent DEA Data Shows Increase In Enforcement While States Move Toward Decriminalization...

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One might think that the recent uptick in the legalization of recreational marijuana usage would correlate with a decline in the arrests and seizures related to the leafy-green. According to recent data from the Drug...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2022: Watching the Pot™

APA Challenges to DEA Cannabis Policy: "Hot" Hemp and Research-Grade Cannabis - The beginning of spring brought some interesting developments in administrative legal challenges to the U.S. Drug Enforcement Administration...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2022

Thank you for reading the April 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss two ongoing administrative legal challenges to the U.S. Drug Enforcement Administration's policies on...more

Ballard Spahr LLP

U.S. House Votes Again to Federally Decriminalize Cannabis, Regulate Legal Cannabis Businesses

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Summary - For the second time, a bipartisan majority of the U.S. House of Representatives on Friday, April 1, passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. If enacted, the MORE Act would...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nuisance/RICO: Landowners File U.S. District Court Action Against Oklahoma Licensed Marijuana Cultivation Facility

Keith and Stephanie Grant (collectively “Plaintiffs”) filed a Complaint in the United States District Court (Northern District of Oklahoma) alleging causes of action involving nuisance and violation of the Racketeer...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2021: Trailblazing Cannabis Legislation Updates

On September 29, 2021, the House Judiciary Committee held a mark-up session of the Marijuana Opportunity Reinvestment and Expungement Act (MORE), which not only would de-classify cannabis as a Schedule I narcotic under the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2021

The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more

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