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Controlled Substances Act Medical Marijuana Cannabis-Related Businesses (CRBs)

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

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

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

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

Clark Hill PLC

Cannabis Reclassification: Litigation Impact

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In a historic move, the DEA accepted the US Department of Health and Human Services’ recommendation to reclassify marijuana from Schedule I to a Schedule III controlled substance, arguably the most significant change to...more

Epstein Becker & Green

Federal Update on Cannabis Scheduling: Are State Legalized Cannabis Dispensaries to Become Pharmacies?

A major update in cannabis law was announced by the Drug Enforcement Administration (DEA) and Attorney General (AG) this past Tuesday, April 30, 2024 regarding their intent to ease restrictions on cannabis. The DEA plans to...more

Akerman LLP

DEA Breaks Silence on Reclassification of Marijuana, Proposing Move to Schedule III

Akerman LLP on

After months of anticipation following the U.S. Department of Health and Human Services' recommendation to reschedule marijuana from a Schedule I to a Schedule III controlled substance, we finally have insight into the...more

Clark Hill PLC

The Good, The Bad and The Ugly: DEA Rescheduling Marijuana to Schedule III

Clark Hill PLC on

On April 30, the U.S. Drug Enforcement Administration issued a proposed rule to move marijuana from the Schedule I class to Schedule III. If approved this will be the most significant change in federal marijuana law since...more

Hinshaw & Culbertson LLP

DEA's Decision to Reschedule Marijuana Represents a Massive Shift in U.S. Drug Policy, But Challenges for Cannabis Industry Remain

Earlier this week, we learned that the United States Drug Enforcement Administration (DEA) will likely reclassify marijuana under federal law from Schedule I to Schedule III of the Controlled Substances Act (CSA) based upon...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

Troutman Pepper

Federal Courts and Cannabis Disputes: A New Perspective from Bartch v. Barch

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On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more

Troutman Pepper

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

Troutman Pepper on

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

Benesch

Cannabis Industry Quarterly Update: Q3 2023

Benesch on

The U.S. Department of Health and Human Services has recommended that the DEA reclassify cannabis to Schedule III - The U.S. Department of Health and Human Services (HHS) recommended that the U.S. Drug Enforcement Agency...more

Vicente LLP

US Officially Recognizes Medical Use and Safety of Cannabis: The Top 6 Things to Know About Schedule III and the Process Ahead

Vicente LLP on

On August 30, 2023, the federal government formally acknowledged the medical use and low potential of abuse for cannabis, with the US Department of Health and Human Services (HHS) recommending that cannabis be rescheduled to...more

McGlinchey Stafford

To Put It Bluntly, the Federal Judiciary’s Inconsistent Approach to the Cannabis Industry Is (Reefer) Madness

McGlinchey Stafford on

We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more

Obermayer Rebmann Maxwell & Hippel LLP

Commercial Leasing and the Cannabis Market

​​​​​​​Currently, 38 states (including Pennsylvania and New Jersey) have legalized the use of marijuana for medical use and 19 states (including New Jersey) have legalized its use for recreational purposes. However, under...more

Foley Hoag LLP - Cannabis and the Law

Senators Schumer, Booker, and Wyden File Long-Awaited Federal Cannabis Bill

On July 21, 2022, Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) formally filed the much-anticipated Cannabis Administration and Opportunity Act...more

McGlinchey Stafford

Cannabis Companies Lacking Bankruptcy Protections Can Explore State Options

McGlinchey Stafford on

As the trend to legalize the medical and recreational use of marijuana continues to blaze through the states, federal law, and bankruptcy courts by extension, have not yet followed suit....more

Ward and Smith, P.A.

Even Indirect Income from Cannabis Can Get You Banned From Bankruptcy

Ward and Smith, P.A. on

Despite widespread trends in state-level legalization and decriminalization of high-THC cannabis and growing acceptance of cannabis among Americans, cannabis and cannabis products remain illegal under federal law.  At...more

McGlinchey Stafford

Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]

McGlinchey Stafford on

Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode of the "More with McGlinchey" podcast, attorneys...more

Rivkin Radler LLP

The Deduction of Cannabis Business Expenses Following New York’s 2023 Budget

Rivkin Radler LLP on

The 2023 Budget- Last week, the New York Legislature passed the State’s 2022-2023 Budget. The $220 billion Budget reflects an $8 billion increase over last year’s budget (a more than 3 percent jump). It is also $4 billion...more

Bradley Arant Boult Cummings LLP

CannaBanking in Mississippi: Weeding Through the Rules

Medical cannabis has arrived in Mississippi. What does that mean for Mississippi banks? The implications of this development are enormous for the financial services industry in Mississippi, as each institution will soon have...more

Bradley Arant Boult Cummings LLP

Planting the Seeds: The Present State and Potential Prospects of Medical Cannabis in Tennessee

In 1996, California became the first state to legalize medical cannabis. Since then, 36 states (and four U.S. territories) have followed suit, keeping pace with rapidly evolving policies and attitudes toward cannabis. In...more

Partridge Snow & Hahn LLP

Congress Keeps Taking Baby Steps on Marijuana Reform

This month, two congressional Republican lawmakers introduced a bill to legalize marijuana at the federal level, as well as to protect banks that service state-legal cannabis businesses and to ensure that military veterans...more

Vicente LLP

What Is A Cannabis REIT?

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What is a REIT? “REIT” stands for Real Estate Investment Trust. Typically, a REIT is a corporation that has elected to be taxed as a REIT (which provides several tax advantages, including the ability to deduct dividends from...more

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