News & Analysis as of September 19, 2024

Department of Justice (DOJ)

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Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers. less -

The Week in Weed: September 2024

Seyfarth Shaw LLP on 9/6/2024

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. First, we have an update on the Missouri rules dealing with intoxicating hemp products. Then, we see the...more

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

Troutman Pepper on 6/26/2024

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

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

Greenbaum, Rowe, Smith & Davis LLP on 6/5/2024

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

DOJ Recommends Rescheduling Cannabis – What This Could Mean for the Cannabis Industry

Levenfeld Pearlstein, LLC on 5/16/2024

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 Step Towards Reform: The DEA Recommends Rescheduling Cannabis

Amundsen Davis LLC on 5/1/2024

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

BREAKING: DEA Will Reschedule Cannabis to a Schedule III Drug

Husch Blackwell LLP on 5/1/2024

The biggest legal shift in the cannabis industry in decades just occurred on the heels of the Drug Enforcement Administration’s (DEA) proposal for cannabis rescheduling. Specifically, as many anticipated, the DEA will...more

4 Major Implications of Cannabis Moving to Schedule III

Vicente LLP on 5/1/2024

After 50 years of being on the most restrictive schedule alongside drugs like heroin and PCP, the DEA will move to reschedule marijuana in Schedule III, where the plant’s medical benefits will finally be recognized by the...more

The Week in Weed: April 2024

Seyfarth Shaw LLP on 4/5/2024

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Virginia Governor Youngkin took action on the retail market bill. The Florida Supreme Court handed down...more

All the Outcomes of a Marijuana Reschedule

Husch Blackwell LLP on 1/23/2024

Between LinkedIn, Twitter, the media, and diehard marijuana investors, there is more noise and froth in the industry about a marijuana reschedule than I’ve seen since Washington and Colorado legalized it back in 2012. When...more

Georgia’s Medical Marijuana Program: DEA Busts the Low-Dose THC Party Before It Starts

Troutman Pepper on 12/13/2023

Despite the federal ban on the sale, use, and possession of cannabis in the U.S., in October, Georgia became the first U.S. state to allow pharmacies to sell low-dose tetrahydrocannabinol (THC) products. Pursuant to statutes...more

DEA Likely to Reschedule Marijuana Based on Congressional Report

McGlinchey Stafford on 9/19/2023

According to a report from the Congressional Research Service (the Report), the Drug Enforcement Administration (DEA) is likely to follow the Department of Health and Human Services (HHS) and the Food and Drug...more

US Officially Recognizes Medical Use and Safety of Cannabis: The Top 6 Things to Know About Schedule III and the Process Ahead

Vicente LLP on 9/1/2023

On August 30, 2023, the federal government formally acknowledged the medical use and low potential of abuse for cannabis, with the US Department of Health and Human Services (HHS) recommending that cannabis be rescheduled to...more

Cannabis Industry Quarterly Update: Q2 2023

Benesch on 7/27/2023

There Has Been Little Movement in Federal Legalization. This has led to cannabis investors and companies to downgrade expectations for federal legalization and focus their strategies on state reform. Federal lawmakers...more

Attorney General Garland Reconfirms the DOJ’s Hands-Off Approach Toward Federal Marijuana Prosecution

Bradley Arant Boult Cummings LLP on 5/3/2022

Attorney General Merrick Garland has reiterated that the Department of Justice will not prioritize prosecuting marijuana use, a position that Garland expressed during his confirmation hearings. In remarks in front of a Senate...more

The Week in Weed: May 2021

Seyfarth Shaw LLP on 5/7/2021

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana....more

The Biden Presidency: How Will Cannabis Business Be Taxed?

Farrell Fritz, P.C. on 2/22/2021

Wither the Weed? It has been one month since Mr. Biden’s inauguration as President of the United States. Among the many questions being asked of President Biden is whether he will seek the decriminalization of cannabis....more

The Biden Administration’s Expected Criminal Enforcement Stance On Marijuana

Rivkin Radler LLP on 2/2/2021

As a candidate running for the office he now holds, President Biden advocated decriminalizing the use of marijuana, automatically expunging all prior marijuana use convictions, legalizing marijuana for medical purposes and...more

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

ArentFox Schiff on 12/1/2020

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

States are Easing Laws and Legalizing Recreational Drugs—Not Just Marijuana

Womble Bond Dickinson on 11/11/2020

While there may still be uncertainty as to the full results of the 2020 election, one thing has been decided: Americans want to ease the laws criminalizing recreational drugs. On Tuesday, residents of Arizona, Montana, New...more

Trump v. Biden: CANNABIS LEGALIZATION

Cozen O'Connor on 10/23/2020

With the 2020 presidential election just days away, the future of cannabis legalization will likely rest on the shoulders of whoever is sitting in the Oval Office on January 20, 2021. So where do Donald Trump and Joe Biden...more

The Week in Weed: June 2020 #4

Seyfarth Shaw LLP on 6/26/2020

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. We begin with the claim that the Justice Department brought antitrust actions against cannabis companies due to...more

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

Stinson LLP on 1/15/2020

In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

Holding Up the Green: Hart-Scott-Rodino and its Impact on Cannabis M&A Transactions

Seyfarth Shaw LLP on 11/13/2019

Although the federal government seems to have turned a blind eye to the legalization of the medical and even recreational use of cannabis in certain states, they have not relinquished their duty to maintain competitive...more

In the Weeds: Marijuana Legalization & Employment Laws

Farella Braun + Martel LLP on 7/30/2019

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

Historic Vote in Congress Aims to Protect State Cannabis Programs

Steptoe & Johnson PLLC on 6/24/2019

By a vote of 267 to 165, the United States House of Representatives (the “House”) passed a bipartisan amendment protecting state cannabis programs and its users from federal prosecution. Named after its co-founder,...more

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