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
8/8/2024
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Justice (DOJ) ,
Final Rules ,
Legalization ,
Marijuana ,
Marijuana Related Businesses ,
Notice of Proposed Rulemaking (NOPR) ,
Plant Based Products ,
Proposed Rules ,
Recreational Use ,
Schedule I Drugs ,
State and Local Government
Introduction -
The medicinal and recreational use and popularity of marijuana has continuously grown throughout the U.S. since Oregon became the first state to decriminalize marijuana in 1973. To date, thirty-eight states...more
5/30/2024
/ Cannabis Products ,
Client Services ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Legal Representatives ,
Licensing Rules ,
Marijuana ,
Medical Marijuana ,
Plant Based Products ,
Recreational Use ,
Retail Market ,
Schedule I Drugs ,
State and Local Government
Only one day after reports surfaced that the Drug Enforcement Administration (DEA) will proceed with rescheduling cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), Senators Charles Schumer...more
5/29/2024
/ Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Legalization ,
Marijuana ,
Medical Marijuana ,
Proposed Legislation ,
Regulatory Agenda ,
Schedule I Drugs ,
Tax Liability ,
Tax Reform
The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones.
Originally published in Law360 - January 5,...more
4/5/2024
/ Attorney-Client Privilege ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Discovery ,
Exemptions ,
FOIA ,
Interagency Guidance ,
Marijuana ,
Motion for Summary Judgment ,
Records Request ,
Redacted Documents
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
2/21/2024
/ Agribusiness ,
Article III ,
Commerce Clause ,
Constitutional Challenges ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Dispensaries ,
Gonzales v Raich ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Merrick Garland ,
Recreational Use ,
SCOTUS ,
Standing ,
State and Local Government ,
Transacting Intrastate Business
Whether you believe that cannabis legalization has occurred too quickly or too slowly, one thing is certain: recent developments herald a potentially seismic shift in federal cannabis policy in the U.S. Reflecting on our...more
2/7/2024
/ Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Healthcare ,
Legalization ,
Marijuana ,
Medical Marijuana ,
Regulatory Oversight ,
Regulatory Reform ,
Schedule I Drugs
The U.S. Department of Health and Human Services (HHS) has drawn criticism for heavily redacting a recommendation letter to the U.S. Drug Enforcement Administration (DEA) concerning the rescheduling of cannabis. HHS said the...more
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
12/13/2023
/ DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Healthcare ,
Marijuana ,
Medical Marijuana ,
Patient Access ,
Pharmacies ,
Plant Based Products ,
Prescription Drugs ,
Rohrabacher-Farr Amendment ,
State and Local Government ,
THC
The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. In the U.S., the primary mechanism by which...more
12/13/2023
/ Attorney-Client Privilege ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Health and Human Services (HHS) ,
FOIA ,
Government Agencies ,
Legalization ,
Marijuana ,
Motion for Summary Judgment ,
Public Interest ,
Public Records ,
Regulatory Reform ,
State Attorneys General ,
Transparency
It has been widely reported and confirmed publicly that, on August 29, the U.S. Department of Health and Human Services (HHS) sent a letter to the Drug Enforcement Administration (DEA) recommending that cannabis be moved from...more
9/5/2023
/ Biden Administration ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Dispensaries ,
Food and Drug Administration (FDA) ,
Marijuana ,
Medical Research ,
Recreational Use ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Research and Development ,
Schedule I Drugs