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
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
7/25/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
Regulatory Agenda ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government ,
THC
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
6/26/2024
/ Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Farm Bill ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Plant Based Products ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Rohrabacher-Farr Amendment ,
Schedule I Drugs ,
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.
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
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
3/4/2024
/ Agribusiness ,
Bankruptcy Code ,
Bankruptcy Court ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances ,
Controlled Substances Act ,
Creditors ,
Debtors ,
Department of Justice (DOJ) ,
Financial Distress ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Plant Based Products ,
Recreational Use ,
State and Local Government ,
THC
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
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