News & Analysis as of

Schedule I Drugs

DLA Piper

HHS to DEA: Marijuana Should Be Schedule III – What This Means for The Cannabis Industry

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In a non-public letter sent earlier last week, the US Department of Health and Human Services (HHS) recommended to the US Drug Enforcement Administration (DEA) that marijuana be re-classified under the Controlled Substances...more

Vicente LLP

Cannabis Rescheduling Hearing Set: What Happens Now?

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The historic US Drug Enforcement Administration (DEA) public comment period for marijuana's proposed rescheduling to Schedule III ended on July 22, 2024. Nearly 43,000 comments were submitted, which was the most comments ever...more

Jackson Lewis P.C.

DEA Will Hold Public Hearing to Address Marijuana Rescheduling

Jackson Lewis P.C. on

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

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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

Kilpatrick

Proposed Rescheduling of Marijuana Under the Controlled Substances Act May Not Improve Industry Access to Financial Services

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Despite the proliferation of state laws that legalize the cultivation and sale of marijuana, federal law has remained an obstacle to access to the U.S. financial system for marijuana sellers and producers. With penalties...more

Foley Hoag LLP - Cannabis and the Law

Cannabis Rescheduling Update: DEA Announces Date for ALJ Hearing

On August 27, 2024, the Drug Enforcement Administration (DEA) has scheduled an ALJ hearing to consider briefs, evidence and witnesses from “interested parties” in connection with the DEA’s proposed rulemaking to reschedule...more

Foley Hoag LLP - Cannabis and the Law

The Hazy Landscape of Trademark Protection for Cannabis Products in the U.S.

Navigating the cannabis industry’s legal landscape in the United States is like moving through an ever-evolving maze, especially in the world of intellectual property. As more states legalize cannabis for medical and...more

Troutman Pepper

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

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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

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

Foley Hoag LLP - Cannabis and the Law

Thoughtful Expansion – Oregon Issues First Psilocybin Edibles Endorsement to Licensed Manufacturer

The OPS simultaneously issued licenses to other essential participants in the state’s licensed psilocybin market, including manufacturers, facilitators (individuals who support clients through psilocybin services) and testing...more

Carr Maloney P.C.

25 Lawmakers Oppose Cannabis Rescheduling

Carr Maloney P.C. on

On August 29, 2023, the Department of Health and Human Services sent a letter to the Drug Enforcement Administration (“DEA”) urging them to reclassify marijuana as a schedule III drug. The Department of Health and Human...more

Cozen O'Connor

The State AG Report – 7.25.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican AGs Submit Comments Opposing Rescheduling...more

Cozen O'Connor

Republican AGs Submit Comments Opposing Rescheduling Marijuana

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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

Troutman Pepper

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

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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

Holland & Hart LLP

the buzz: Cannabis News & Policy Update - July 2024

Holland & Hart LLP on

Welcome to the buzz, our monthly cannabis news and policy update. Your at-a-glance source for regulatory developments, agency announcements, and trends impacting the cannabis industry. - This month's highlights include: ...more

Rivkin Radler LLP

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

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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

Smith Debnam Narron Drake Saintsing & Myers,...

The “Buzz” on Medical Marijuana in the Workplace: Current Trends and Advice

The legal landscape relating to the permissible use of medical marijuana in the United States is evolving rapidly, presenting employers with a complex legal environment to navigate, with states taking varying stances on the...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

Troutman Pepper

Navigating the New Legal Landscape: The Impact of Loper Bright on Federal Marijuana Rescheduling

Troutman Pepper on

The federal rescheduling of marijuana has been a topic of conversation within the marijuana industry since President Biden’s statement requesting that the secretary of health and human services (HHS) and the attorney general...more

Fox Rothschild LLP

Cannabis Companies Must Wait to Seek Relief From Section 280E, IRS Says

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It is still too early for cannabis companies to try and take advantage of potential tax relief should the Justice Department (DOJ) reschedule cannabis under the Controlled Substances Act. In a recent news release, the...more

Bradley Arant Boult Cummings LLP

It Ain’t Over ‘til It’s Over: IRS reminds Taxpayers That Section 280E Applies to Marijuana Companies Until Rescheduling Becomes...

While marijuana advocates celebrate the potential rescheduling of marijuana from Schedule I to Schedule III, the taxman has made clear that marijuana remains a Schedule I substance subject to Section 280E of the Internal...more

Harris Beach PLLC

Does Rescheduling Cannabis Make it Eligible for Interstate Commerce?

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Even with the expected rescheduling of cannabis from a Schedule I drug to a Schedule III drug, it will take more for it to be eligible for interstate commerce. Marijuana would remain subject to provisions of the Food,...more

Troutman Pepper

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

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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

King & Spalding

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

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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

Epstein Becker & Green

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

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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

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