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Cannabis & Psychedelics On the 2024 Ballot
Cannabis Rescheduling: Timeline, Tax Strategies & 280E
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Cannabis M&A: Pain Points and Opportunities
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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
With Republicans’ new trifecta of control over the White House, U.S. Senate and House of Representatives, it’s likely federal marijuana policy will change. But what could – or should – federal marijuana policy look like...more
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
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
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
On April 30, 2024, the US Department of Justice recommended that cannabis be rescheduled as a Schedule III controlled substance, a classification shared by prescription drugs such as ketamine and Tylenol with codeine....more
A major update in cannabis law was announced by the Drug Enforcement Administration (DEA) and Attorney General (AG) this past Tuesday, April 30, 2024 regarding their intent to ease restrictions on cannabis. The DEA plans to...more
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
In a recent historic announcement, the U.S. Drug Enforcement Administration has determined that cannabis, which is currently categorized as a Schedule I drug under the Controlled Substances Act (CSA), should be rescheduled to...more
In a recent legal development that underscores the intricate interplay between federal bankruptcy law and the cannabis industry, a court case has emerged involving a bankruptcy filing by an employee of a cannabis company....more
The sale of adult-use cannabis has been legalized in 24 states in the United States. But this does not mean there are no other legal impediments to the cannabis industry in those jurisdictions. For example, cannabis...more
One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...more
The cannabis industry has experienced significant growth over the past decade, with increasing numbers of states legalizing both medical and recreational use. Currently, cannabis is legal for adults in 24 states and the...more
The legal marijuana industry has grown rapidly in the U.S., with 38 states, three territories, and the District of Columbia legalizing its use for medical and/or recreational purposes. However, despite the industry’s growth,...more
The U.S. Department of Health and Human Services has recommended that the DEA reclassify cannabis to Schedule III - The U.S. Department of Health and Human Services (HHS) recommended that the U.S. Drug Enforcement Agency...more
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
There is seemingly, in the opinion of a great number of bankruptcy courts, a conflict between the United States Bankruptcy Code requirements that a debtor reorganize or liquidate “in good faith,” the federal Controlled...more
Certain states where cannabis (or marijuana) is legal have long been getting away with a practice that has been declared unconstitutional in almost all other contexts: giving their residents preferential treatment over...more
On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the...more
[co-author: Richa Patel, Summer Associate] The July 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fluid trademarks and the Cannabis Administration and Opportunity Act. Plus, check out the answer key...more
On March 31, 2021, New York became the 16th state in the U.S. (with New Mexico poised to become the 17th any day now) to legalize the recreational use of cannabis by people 21 years old or older, paving the way for the...more
Trailblazing Legislation to Watch in 2021 - Welcome to our first installment of Watching the Pot™, which will provide summaries on recent buzz-worthy cannabis information, including decisions, legislation, news, and cases...more
On August 20, 2020, the Arizona Supreme Court ruled that the Arizona Medical Marijuana Act (AMMA) required the Arizona Department of Health Services (ADHS) to issue at least one medical marijuana license in counties without a...more
While the country wrestles with the coronavirus pandemic, the federal government and many state governments recently made key determinations that could shape the future of the cannabis, hemp, and CBD industries for years to...more
Recently, I had the opportunity to moderate panels on cannabis and commercial real estate at programs held in Los Angeles and Chicago. I won’t say it was the best of times or the worst of times, but I will say “it was the...more