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Cannabis Products Controlled Substances State and Local Government

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

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

Advising a Cannabis-Related Business: The Importance of Attorneys in Navigating the Marijuana Regulatory Framework and Licensing...

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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

Sheppard Mullin Richter & Hampton LLP

Bridging the Gap: Cannabis Rescheduling to Align Policy with Research

In a much-anticipated move, sources recently reported that the Drug Enforcement Administration (“DEA”) will recommend rescheduling cannabis from a Schedule I substance to a Schedule III substance under the federal Controlled...more

Seyfarth Shaw LLP

Budtender Bankruptcy Blindside

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In a recent legal development that underscores the intricate interplay between federal bankruptcy law and the cannabis industry, a court case has emerged involving a bankruptcy filing by an employee of a cannabis company....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

Benesch

2024: Another Big Year for Cannabis in Ohio and Beyond

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2023 was a big year for cannabis and Ohio continues to be center stage for cannabis as the state looks to shape the future of its adult-use recreational cannabis program. With Issue 2 passing in November, Ohio became the...more

Troutman Pepper

The Continuing Negative Impact of Federal and State Taxation on the Cannabis Industry; Where Do We Go from Here?

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The cannabis industry has experienced significant growth over the past decade, with increasing numbers of states legalizing both medical and recreational use. Currently, cannabis is legal for adults in 24 states and the...more

Bradley Arant Boult Cummings LLP

Dude, Where’s My Liquidation?

Every election it seems like the country inches closer to cannabis being legal at the federal level. Until that day comes, however, the question of whether those in the cannabis industry can seek bankruptcy relief remains....more

Troutman Pepper

Legal Cannabis on Trial: Federal Preemption and Connecticut’s Cannabis Challenge

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On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more

Perkins Coie

Cannabis Legal Report – August 2023 #2

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VA Continues to Prohibit Doctors from Prescribing Cannabis to Veteran Patients - The U.S. Department of Veterans Affairs (VA) issued a directive, consistent with a previous directive released in 2017, which prevents...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Upholds Marijuana User’s Second Amendment Rights – Will the Eleventh Circuit Do the Same?

A question frequently encountered in the cannabis industry involves a cannabis user’s gun rights. This stems from the ever-present federal and state law tension overlaying marijuana in the United States — thanks to the...more

Perkins Coie

Psilocybin: Updates in Oregon and Around the Country

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Oregon is the first state in the country to offer controlled use of psilocybin to the public. As we detailed in a prior Update, the state had finalized regulations. Now, the state has licensed its first psilocybin service...more

Burns & Levinson LLP

Maryland Adult Use Regulations

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In just about one month from its release date to the public, Maryland’s proposed adult-use cannabis regulations, HBO556,  have received rumblings of discontent and concern from interested industry participants. Following the...more

Perkins Coie

Oregon Finalizes New Regulations To Implement Psilocybin Services Act

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Oregon became the first state to offer controlled use of psilocybin to the public on January 1, 2023. Psilocybin is a Schedule I psychoactive substance that is illegal at the federal level. Notwithstanding this federal...more

Bradley Arant Boult Cummings LLP

Midterm Cannabis Results Remind That Progress Is Not Linear

Lost for many in the avalanche of news about the midterms, voters in five states went to the polls last month to vote on proposals allowing adult-use cannabis, often referred to as recreational cannabis. Originally...more

Butler Snow LLP

Half-Baked: An Overview of Current Cannabinoid Laws & Regulations

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Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug...more

Brownstein Hyatt Farber Schreck

Cannabis on the Ballot: Five States Consider Legalization Amid Promise for Federal Reform

President Joe Biden’s momentous announcement last week that he would take executive action to pardon federal convictions for simple cannabis possession, coupled with a promise that his administration would review cannabis...more

Bradley Arant Boult Cummings LLP

Delta-8: What Is and What Should Never Be

The United States Supreme Court once famously wrote that “[l]iberty finds no refuge in a jurisprudence of doubt.” There is perhaps no area of the law where doubt rules more than the cannabis industry, and perhaps no corner of...more

Perkins Coie

Cannabis Legal Report - July 2022

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Florida Lawsuit Challenges Federal Regulations Regarding Firearm Purchases for Medical Cannabis Patients - Following a recent Supreme Court ruling, the Department of Justice (DOJ) has asked for more time to respond to a...more

Bradley Arant Boult Cummings LLP

The Delta-8 Debacle: Looking at Texas’s (Temporarily) Failed Attempt to Make Delta-8 Products Illegal

Texas’s cannabis industry can breathe a momentary sigh of relief. Delta-8 THC, the increasingly popular hemp-derived cannabinoid that produces effects similar to Delta-9 THC, has been removed from Texas’s list of Schedule I...more

Bailey & Glasser, LLP

West Virginia Legislature Adjourns Without Passing Meaningful Changes to Cannabis Laws

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Consensus in American politics is increasingly rare - except, it seems, when it comes to the legalization of cannabis. According to a Pew Research Center survey conducted in April 2021, over 91% of Americans believe marijuana...more

Cozen O'Connor

Are Psychedelic Mushrooms the New Cannabis?

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On Tuesday November 3, 2020, Oregon became the first state to legalize psychedelic mushrooms. Approximately 56 percent of Oregon voters cast their ballots in favor of Measure 109, which legalized psilocybin, commonly referred...more

Rivkin Radler LLP

Cannabis Investments and Exit Strategies: A Case Study

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It is relatively easy for investors to make investments in cannabis companies. Given the risks, however, they would be well-advised to have an exit plan in the event their investment does not live up to their expectations....more

Weintraub Tobin

Navigating The Hazy Intersection Of Federal And State Law On Cannibis And Advising Clients On Protecting Their Trademarks

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What was once illegal is now a thriving industry. That’s right—I’m talking about cannabis. But my initial statement isn’t entirely accurate. Although Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan,...more

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