News & Analysis as of

Decriminalization of Marijuana Marijuana Controlled Substances Act

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

Jackson Lewis P.C.

DEA Will Hold Public Hearing to Address Marijuana Rescheduling

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The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act...more

ArentFox Schiff

DEA Announces December Hearing on Proposal to Reschedule Marijuana

ArentFox Schiff on

As we discussed during our recent webinar, the administrative process associated with the US Drug Enforcement Administration’s (DEA) proposed rescheduling of “marijuana” should be expected to proceed slowly and deliberately....more

Husch Blackwell LLP

Turning Over a New Leaf: Ho-Chunk Nation Decriminalizes Cannabis

Husch Blackwell LLP on

A whopping 7 in 10 Americans favor the legalization of cannabis, according to Gallup, as more states are slated to legalize adult use cannabis, or at least decriminalize it, this year. Indigenous nations, such as Wisconsin’s...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

Vicente LLP

Cannabis Rescheduling: The DEA Public Comment Period is Complete

Vicente LLP on

July 22, marked the end of the historic DEA public comment period for marijuana’s proposed rescheduling to Schedule III. Industry engagement was strong, and thanks to the efforts of advocacy organizations, industry...more

McGlinchey Stafford

What a Kamala Harris Presidency May Mean for Marijuana Policy

McGlinchey Stafford on

With the sudden change in the Democratic presidential candidate, there are a whole host of implications for the future of America. As presumptive nominee Kamala Harris ramps up her campaign for the White House, we examine her...more

Cozen O'Connor

Republican AGs Submit Comments Opposing Rescheduling Marijuana

Cozen O'Connor on

Eleven Republican AGs, led by Nebraska AG Mike Hilgers, submitted comments opposing the DEA’s notice of proposed rulemaking (NPRM) that would move marijuana from Schedule I to Schedule III of the Controlled Substances Act...more

Morrison & Foerster LLP

DOJ Proposes Rescheduling Marijuana

On May 16, 2024, the U.S. Department of Justice (DOJ) announced a plan to reschedule marijuana under the Controlled Substances Act (CSA) from a schedule I to a schedule III controlled substance. The Attorney General and the...more

Rivkin Radler LLP

Tax Considerations and the Reclassification of Marijuana – We’re Not There Yet

Rivkin Radler LLP on

Having been swept along for nine days “by the force of the hostile winds on the fishy sea,” Odysseus and his crew came to a strange land. After securing their ships, Odysseus sent some of his “companions ahead, telling them...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

Troutman Pepper

The Path and Politics of Marijuana Legislation: State-by-State Progress and Future Directions

Troutman Pepper on

Despite marijuana’s continued federal classification as a Schedule I controlled substance, 26 states and the District of Columbia have passed laws at least partially decriminalizing marijuana possession and recreational use....more

Mandelbaum Barrett PC

U.S. Senators Reintroduce Proposed Legislation Seeking to End Federal Prohibition of Cannabis

Mandelbaum Barrett PC on

On May 1, 2024, Senators Booker, Schumer, and Wyden reintroduced the Cannabis Administration and Opportunity Act (“CAOA”), a groundbreaking piece of legislation aimed at ending the federal prohibition of cannabis, a day after...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

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

Epstein Becker & Green

If Cannabis Is Reclassified, What Will Happen to the Marketplace? – Diagnosing Health Care

Epstein Becker & Green on

Will the reclassification of marijuana from a Schedule I to a Schedule III drug disrupt the cannabis marketplace? What consequences must industry stakeholders consider if the Drug Enforcement Administration's proposal...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

Greenbaum, Rowe, Smith & Davis LLP

Will Rescheduling Cannabis Open the Industry to Increased Financing, Real Estate and Banking Opportunities?

On May 16, 2024, the U.S. Department of Justice (DOJ) issued its proposed rules to transfer cannabis from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. The DOJ’s proposal follows the U.S....more

Troutman Pepper

Advising a Cannabis-Related Business: The Importance of Attorneys in Navigating the Marijuana Regulatory Framework and Licensing...

Troutman Pepper on

Introduction - The medicinal and recreational use and popularity of marijuana has continuously grown throughout the U.S. since Oregon became the first state to decriminalize marijuana in 1973. To date, thirty-eight states...more

McGlinchey Stafford

Marijuana Reclassification Impacts Bank Servicing of Businesses

McGlinchey Stafford on

The Department of Justice’s move to reclassify marijuana as a less dangerous drug, on which it began formal proceedings on May 16, won’t legalize state-level adult use and medical marijuana unless it’s produced, sold, and...more

McGlinchey Stafford

Rescheduling Marijuana FAQs: Cannabis-Related Investments

McGlinchey Stafford on

On May 21, 2024, the Drug Enforcement Agency (DEA) filed the Proposed Rule to move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. In light of the rescheduling marijuana news,...more

Pillsbury Winthrop Shaw Pittman LLP

Implications of the U.S. DOJ’s Proposed Rescheduling of Marijuana

A shift to Schedule III would bring the cannabis industry one step closer to true legitimacy. A Schedule III reassignment would allow marijuana companies to take ordinary business deductions, notably increasing the...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

Vicente LLP

Cannabis Rescheduling: The DEA's Proposed Rule and the Supporting OLC Opinion

Vicente LLP on

On May 21, 2024, the DEA finally published its proposed rule related to rescheduling marijuana and commenced a 60-day period where the public can submit comments regarding DEA's proposed move to reschedule marijuana (the...more

Holland & Knight LLP

U.S. Drug Enforcement Administration Proposes Reclassification of Marijuana

Holland & Knight LLP on

The U.S. Drug Enforcement Administration (DEA) on May 16, 2024, issued a proposed rule to move marijuana from its current classification as a Schedule I drug to a Schedule III drug, thereby loosening federal DEA restrictions....more

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