News & Analysis as of

Controlled Substances Act Marijuana Cannabis-Related Businesses (CRBs)

Frantz Ward LLP

Cannabis Litigation: Using Contractual Provisions to Avoid an Illegality Defense

Frantz Ward LLP on

Concerns remain over the enforceability of cannabis contracts as recent cases highlight the conflict between state-sanctioned operations and federal illegality. In both state and federal courts, judges have anchored to the...more

Benesch

Cannabis Industry Quarterly Update: Q1 2025

Benesch on

Movement on legalizing cannabis inches ahead on a federal level - Cannabis rescheduling hearings began on January 21, 2025, to evaluate moving cannabis from Schedule I to Schedule III of the Controlled Substances Act as...more

ArentFox Schiff

Federal Cannabis Regulation - What to Expect in 2025

ArentFox Schiff on

On January 13, the chief administrative law judge of the US Drug Enforcement Administration (DEA), John Mulrooney, postponed the highly anticipated hearing on the rescheduling of cannabis under the Controlled Substances Act...more

Husch Blackwell LLP

THC Beverage Makers and Distributors: Top 5 Concerns for 2025

Husch Blackwell LLP on

In the past couple of weeks, I have been contacted by a few major news outlets about the legality of “THC beverages“. While it sounds like you can only find these products in a state-licensed cannabis dispensary, reporters...more

Foley Hoag LLP - Cannabis and the Law

Déjà Vu: Congress Extends Farm Bill for 1 Year

As expected, before the end of session, Congress authorized another 1-year extension of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), which had already been extended for one year beyond its initial...more

Husch Blackwell LLP

Cannabis Trends in 2025

Husch Blackwell LLP on

2024 was a primarily lean and flat year for the U.S. cannabis industry. The state-legal cannabis industry has been volatile from its inception, and 2024 represented a year of winnowing with many cannabis businesses failing....more

Bradley Arant Boult Cummings LLP

Cannabis & Trademarks: Protecting Your Stash

Trademark law protects businesses’ brand identities and helps prevent consumer confusion. The U.S. trademark system operates at both federal and state levels. Federal registration through the United States Patent and...more

Bradley Arant Boult Cummings LLP

Pair of First Circuit Cases Give Court Opportunities for Recognizing Scope of Federal Authority to Regulate Marijuana Businesses

When you live in the cannabis world, you have to keep your head on a swivel. While most areas of the law see incremental changes over years — if not decades — cannabis developments come by the day if not the hour. In the...more

Troutman Pepper Locke

First Circuit Greenlights Federal Prosecution of Maine Couple in Cannabis Case

Troutman Pepper Locke on

In a pivotal ruling issued on October 15, the U.S. Court of Appeals for the First Circuit affirmed the district court’s decision to deny a motion filed by Lucas and Alisa Sirois, a Maine couple accused of operating an illegal...more

Vicente LLP

Cannabis & Psychedelics On the 2024 Ballot

Vicente LLP on

Next week, voters will have a chance to push large-scale reforms on cannabis via statewide ballot initiatives in Florida, Nebraska, North Dakota, Oregon, and South Dakota and to advance psychedelic reform in Massachusetts. ...more

Bradley Arant Boult Cummings LLP

Why Can’t Weed Be Friends? How Marijuana and Hemp Businesses Can Both Win, and Win America

We at Budding Trends have devoted thousands of words (and nearly as many pop culture references) to the escalating tension between the marijuana and hemp industries. It seems that to many in the cannabis industry this is a...more

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

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

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

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 Locke

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

Troutman Pepper Locke 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

Troutman Pepper Locke

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

Troutman Pepper Locke 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

International Cannabis Bar Association...

[Event] Cannabis Law Institute 2024 - July 25th - 26th, Chicago, IL

The International Cannabis Bar Association (INCBA) is thrilled to announce the highly anticipated Cannabis Law Institute 2024 (CLI 2024), the marquee conference dedicated to advancing legal excellence in the rapidly evolving...more

Bilzin Sumberg

Potential Impacts of the Federal Reclassification of Marijuana

Bilzin Sumberg on

In May, President Biden announced the Drug Enforcement Administration (DEA)’s proposed rule reclassifying marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act (CSA)....more

Benesch

Cannabis Industry Quarterly Update: Q2 2024

Benesch on

Biden administration formally proposes moving marijuana to Schedule 3 - Attorney General Merrick Garland has proposed reclassifying marijuana to Schedule III of the Controlled Substances Act, following President Biden's...more

King & Spalding

DEA's Proposed Rule to Reschedule Marijuana Could Reduce Obstacles to Medical Research but Public Input Is Needed to Fill in...

King & Spalding on

On May 16, 2024, the U.S. Drug Enforcement Administration (“DEA”) issued a Notice of Proposed Rulemaking (“NPRM”) to reclassify marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (“CSA”) and...more

Mayer Brown

Bill & Ted’s Excellent Legislation: 2024 Cannabis Tax Developments

Mayer Brown on

In 1989’s Bill & Ted’s Excellent Adventure, Keanu Reeves plays a stoner who gets caught up in historical shenanigans. By 2014, Mr. Reeves progressed past his teenage high jinks to become a James Bond-like action hero in his...more

Bradley Arant Boult Cummings LLP

White Smoke: Habemus Proposed Rule Making on Marijuana Rescheduling!

The long-awaited, and recently leaked, news that DEA would begin the process of rescheduling marijuana from Schedule I to Schedule III became a reality yesterday when DEA issued a formal notice of proposed rulemaking. As we...more

Sheppard Mullin Richter & Hampton LLP

Bridging the Gap: Cannabis Rescheduling to Align Policy with Research

In a much-anticipated move, sources recently reported that the Drug Enforcement Administration (“DEA”) will recommend rescheduling cannabis from a Schedule I substance to a Schedule III substance under the federal Controlled...more

Cole Schotz

Weed it and Reap: Cannabis Rescheduling’s Impact on Tax Deductions

Cole Schotz on

As the state legalization of medicinal and adult-use cannabis spreads across the United States, cannabis producers and retailers are experiencing a rapid increase in production and sales. However, despite this boom in...more

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