News & Analysis as of

THC Controlled Substances Act

Husch Blackwell LLP

Intoxicating Hemp in Wisconsin

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America’s Dairyland does not currently have any form of either medical or adult-use cannabis. The state has tried and failed at least a couple of times on convening medical cannabis legislation (see here on the latest attempt...more

Troutman Pepper

Navigating the Uncertain Waters of Marijuana Research in the US

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In recent years, federal and state governments have taken action to make marijuana research easier. These actions are a step in the right direction, and researchers operating in the marijuana space must be aware of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more

McGlinchey Stafford

The End of Zero-Tolerance Drug Policies

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Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...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

Holland & Knight LLP

Congress Advances Cannabis and Hemp Proposals

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Recent congressional activity highlights the changing environment for cannabis regulation. Specifically, U.S. Congress is moving forward with legislation that will change the regulation of hemp-derived products. The industry...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

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

McGlinchey Stafford

DEA Proposes Rule to Reschedule Marijuana: Key Definitions

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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

McGlinchey Stafford

Rescheduling Marijuana FAQs: How Do I Submit Comments on DEA’s Proposed Rules?

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On May 16, 2024, the U.S. 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 Office of Legal...more

Husch Blackwell LLP

Hemp Production on the Upswing – Is Intoxicating Hemp the Main Driver?

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Earlier this year, hemp was included in the USDA’s Census of Agriculture. When hemp was first legalized in 2018, there was a boom in production under the fervor of new opportunities, spearheaded by the demand for CBD...more

Troutman Pepper

21 State AGs Call on Congress to Regulate Intoxicating Hemp Products

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Attorneys general (AG) from 20 states and the District of Columbia have submitted a letter to Congress requesting that federal lawmakers close the “loophole” created by the 2018 Farm Bill that is widely understood to prohibit...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Weed at Work: Can Georgia Employers Still Drug Test?

Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana...more

McGlinchey Stafford

“Hemp-Derived” THC in Massachusetts: Navigating the Regulatory Maze

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The recent proliferation of intoxicating hemp products containing “hemp-derived” THCs in Massachusetts restaurants, liquor stores, and convenience shops has sparked debate among state officials in determining whether these...more

Troutman Pepper

How Cannabis Cos. Are Adapting in Shifting Bankruptcy Arena

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Although the possession and sale of cannabis remain federally illegal under the Controlled Substances Act, the U.S. Department of Justice has largely exercised a general policy of nonprosecution for state-regulated cannabis...more

McGlinchey Stafford

Hemp Industry 2024: State and Federal Changes

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As an increasing number of states across the U.S. are becoming marijuana-friendly, many states are simultaneously attempting to enact more restrictive laws with respect to hemp-derived cannabinoids. Participants in the...more

Husch Blackwell LLP

What’s in Your “THC Beverages”?

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In November of last year, we wrote about how Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then (and probably before that), there’s been an influx of “THC Beverages” hitting the marketplace, and...more

Husch Blackwell LLP

HHS Marijuana Recommendation Now on Blast

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In October 2022, President Biden asked the Department of Health and Human Services (HHS) and the Attorney General to review how marijuana is scheduled under federal law. In August 2023, the HHS marijuana recommendation went...more

Troutman Pepper

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

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Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more

Vicente LLP

Top Five Countries to Watch for International Cannabis Reform in 2024

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While the cannabis industry in the United States awaits a marijuana scheduling decision from the Drug Enforcement Agency (DEA), many countries around the world continue to move forward with liberalizing their cannabis...more

Husch Blackwell LLP

Cannabis Drinks Hit Total Wine

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Many states with cannabis legalization have manufacturer and dispensary licenses that make and sell cannabis-infused beverages and even cannabis-infused drink mixes. What you don’t usually see is a major liquor retailer...more

Troutman Pepper

Employer Drug-Testing Policies Must Evolve With State Law

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While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

McGlinchey Stafford

Is THCA Legal? The State Line is the Bottom Line

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Tetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal...more

McGlinchey Stafford

From Schedule I to Schedule III: Potential Shift in Marijuana’s Legal Status

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Major news broke on August 30, 2023, as the U.S. Department of Health and Human Services (HHS) announced that it would recommend moving marijuana from Schedule I to Schedule III, as first reported by Riley Griffin for...more

Venable LLP

Right to Reef? The Growing Number of State and Local Laws Addressing Off-Duty Marijuana Use by Employees

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Few areas of the law have evolved more quickly than the quagmire of federal, state, and local laws governing employee use of marijuana. Although cannabis remains a Schedule I drug under the federal Controlled Substances Act,...more

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