News & Analysis as of

Controlled Substances Act Medical Marijuana

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

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

Snell & Wilmer

Toking the Line: Where Medical Marijuana Meets Employment Law

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The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest that medical cannabis may help treat various...more

Benesch

Cannabis Industry Quarterly Update: Q1 2025

Benesch on

Movement on legalizing cannabis inches ahead on a federal level - Cannabis rescheduling hearings began on January 21, 2025, to evaluate moving cannabis from Schedule I to Schedule III of the Controlled Substances Act as...more

Vicente LLP

Cannabis Rescheduling Hearings Postponed: How Did We Get Here and What Happens Next?

Vicente LLP on

The much-anticipated hearings on the proposed rulemaking to reschedule cannabis, which were scheduled to begin on January 21, have been postponed for at least three months as a result of an appeal granted by DEA...more

Holland & Hart LLP

Are Republicans Friend or Foe of the State-Regulated Marijuana Industry?

Holland & Hart LLP on

With Republicans’ new trifecta of control over the White House, U.S. Senate and House of Representatives, it’s likely federal marijuana policy will change. But what could – or should – federal marijuana policy look like...more

Seyfarth Shaw LLP

The Week in Weed: December 2024

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week looks a lot like our last post – updates on the DEA re-scheduling process and on the Nebraska ballot...more

Bradley Arant Boult Cummings LLP

Take a Sad Song and Make It Better: Fifth Circuit’s Commercial Speech Ruling Leaves Door Open to State Law Challenge

In an April 2023 blog post, we questioned the constitutionality of Mississippi’s regulations that restrict medical cannabis businesses from advertising. And, in that post, we observed that challenging those regulations under...more

Holland & Knight LLP

Navigating Cannabis Leasing: Legal and Practical Considerations for Landlords

Holland & Knight LLP on

The cannabis industry in the United States has experienced rapid growth, with an increasing number of states legalizing the use of marijuana for medical and recreational purposes. As of 2023, nearly half of the U.S....more

Ankura

Banking on Buds: The Complex Interplay Between Cannabis and Commerce

Ankura on

In the ever-evolving landscape of American policy, the story of cannabis legalization unfolds as a testament to societal change and the complexities of governance. This narrative, however, is not without its dissonances,...more

Bradley Arant Boult Cummings LLP

Pair of First Circuit Cases Give Court Opportunities for Recognizing Scope of Federal Authority to Regulate Marijuana Businesses

When you live in the cannabis world, you have to keep your head on a swivel. While most areas of the law see incremental changes over years — if not decades — cannabis developments come by the day if not the hour. In the...more

Seyfarth Shaw LLP

The Week in Weed: November 2024 #3

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check in on the Nebraska ballot initiative situation. We have a status report on the DEA res-scheduling...more

Troutman Pepper Locke

First Circuit Greenlights Federal Prosecution of Maine Couple in Cannabis Case

Troutman Pepper Locke on

In a pivotal ruling issued on October 15, the U.S. Court of Appeals for the First Circuit affirmed the district court’s decision to deny a motion filed by Lucas and Alisa Sirois, a Maine couple accused of operating an illegal...more

Foley Hoag LLP - Cannabis and the Law

ALJ Hearing on Rescheduling Faces Delay Over Witness Standing

The U.S. Drug Enforcement Administration (DEA) is facing a minor delay in a crucial hearing initially scheduled for December 2, 2024, regarding the rescheduling of cannabis under federal law. Chief Administrative Law Judge...more

Husch Blackwell LLP

Intoxicating Hemp in Wisconsin

Husch Blackwell LLP on

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

Seyfarth Shaw LLP

The Week in Weed: October 2024

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check in on ballot initiatives, or rather, lawsuits surrounding ballot initiatives. Then we see a new...more

McGlinchey Stafford

The End of Zero-Tolerance Drug Policies

McGlinchey Stafford on

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

Bradley Arant Boult Cummings LLP

Senate Proposal Would Weed Out Prior Marijuana Use for Federal Job Applicants

The DOOBIE Act – yes, you read that correctly – could soon become law. While the law isn’t as fun as it might sound to certain cannabis enthusiasts, it would substantially change the hiring practices of the federal government...more

DLA Piper

HHS to DEA: Marijuana Should Be Schedule III – What This Means for The Cannabis Industry

DLA Piper on

In a non-public letter sent earlier last week, the US Department of Health and Human Services (HHS) recommended to the US Drug Enforcement Administration (DEA) that marijuana be re-classified under the Controlled Substances...more

McGlinchey Stafford

What a Kamala Harris Presidency May Mean for Marijuana Policy

McGlinchey Stafford on

With the sudden change in the Democratic presidential candidate, there are a whole host of implications for the future of America. As presumptive nominee Kamala Harris ramps up her campaign for the White House, we examine her...more

Troutman Pepper Locke

The Impact of Cannabis Rescheduling on State Laws and Regulations: Insights From CANNRA

Troutman Pepper Locke on

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

Smith Debnam Narron Drake Saintsing & Myers,...

The “Buzz” on Medical Marijuana in the Workplace: Current Trends and Advice

The legal landscape relating to the permissible use of medical marijuana in the United States is evolving rapidly, presenting employers with a complex legal environment to navigate, with states taking varying stances on the...more

Bilzin Sumberg

Potential Impacts of the Federal Reclassification of Marijuana

Bilzin Sumberg on

In May, President Biden announced the Drug Enforcement Administration (DEA)’s proposed rule reclassifying marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act (CSA)....more

Troutman Pepper Locke

The Path and Politics of Marijuana Legislation: State-by-State Progress and Future Directions

Troutman Pepper Locke on

Despite marijuana’s continued federal classification as a Schedule I controlled substance, 26 states and the District of Columbia have passed laws at least partially decriminalizing marijuana possession and recreational use....more

Mandelbaum Barrett PC

U.S. Senators Reintroduce Proposed Legislation Seeking to End Federal Prohibition of Cannabis

Mandelbaum Barrett PC on

On May 1, 2024, Senators Booker, Schumer, and Wyden reintroduced the Cannabis Administration and Opportunity Act (“CAOA”), a groundbreaking piece of legislation aimed at ending the federal prohibition of cannabis, a day after...more

Benesch

Cannabis Industry Quarterly Update: Q2 2024

Benesch on

Biden administration formally proposes moving marijuana to Schedule 3 - Attorney General Merrick Garland has proposed reclassifying marijuana to Schedule III of the Controlled Substances Act, following President Biden's...more

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