On May 16, 2024, the U.S. Department of Justice, through the Drug Enforcement Administration (DEA), commenced the rulemaking process to reschedule marijuana accordingly. The DEA’s notice of proposed rulemaking is currently in...more
While the cannabis industry is closely following the recently published notice of proposed rulemaking from the Department of Justice (“DOJ”) and the Drug Enforcement Administration (“DEA”), which will move cannabis from a...more
On May 16, the Drug Enforcement Administration (“DEA“) published its 92-page notice of proposed rulemaking (“NPRM“) to move marijuana from schedule 1 on the Controlled Substances Act (“CSA”) to schedule 3 (ironically, the...more
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
5/1/2024
/ Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Internal Revenue Code (IRC) ,
Marijuana ,
Medical Marijuana ,
OMB ,
Popular ,
Recreational Use
Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National...more
4/29/2024
/ Bureau of Reclamation ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
CARES Act ,
Controlled Substances Act ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Marijuana Related Businesses ,
NLRB ,
Paycheck Protection Program (PPP) ,
Qui Tam ,
Reckless Disregard ,
Retailers ,
SBA ,
USPTO
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
1/23/2024
/ Agribusiness ,
Agricultural Sector ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Food and Drug Administration (FDA) ,
Marijuana ,
Medical Marijuana ,
Medical Research ,
Pharmaceutical Industry ,
Popular ,
Schedule I Drugs
When I started representing cannabis businesses in 2010, the biggest epidemic in the industry next to I.R.C. 280E was the overwhelming lack of cannabis banking. This inability to access financial institutions for just...more