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Controlled Substances Act Recreational Use Marijuana

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

McGlinchey Stafford

What a Kamala Harris Presidency May Mean for Marijuana Policy

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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

Rivkin Radler LLP

Tax Considerations and the Reclassification of Marijuana – We’re Not There Yet

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Having been swept along for nine days “by the force of the hostile winds on the fishy sea,” Odysseus and his crew came to a strange land. After securing their ships, Odysseus sent some of his “companions ahead, telling them...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

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

Quarles & Brady LLP

DEA Publishes Notice of Proposed Rulemaking to Reschedule Marijuana from Schedule I to Schedule III

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The United States Drug Enforcement Administration (“DEA”) published a notice of proposed rulemaking to reschedule marijuana from schedule I of the Federal Controlled Substance Act (“CSA”) to schedule III. As a reminder,...more

Seyfarth Shaw LLP

DOJ Publishes Proposed Rule to Reschedule Cannabis

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Seyfarth Synopsis: On May 9, 2024, President Joe Biden announced that his administration has formally recommended relaxing restrictions on cannabis, marking the most significant federal policy shift on cannabis since the drug...more

Husch Blackwell LLP

Schedule 3 Marijuana Alert: DEA Publishes NPRM

Husch Blackwell LLP on

On May 16, the Drug Enforcement Administration (“DEA“) published its 92-page notice of proposed rulemaking (“NPRM“) to move marijuana from schedule 1 on the Controlled Substances Act (“CSA”) to schedule 3 (ironically, the...more

Akerman LLP

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

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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

Falcon Rappaport & Berkman LLP

Cannabis Rescheduling – A Look Towards the Future of the Industry

The Drug Enforcement Administration (DEA) will call for cannabis to be rescheduled according to a report by the Associated Press. The anticipated rescheduling follows the Department of Health & Human Services’ (HHS) August...more

Frantz Ward LLP

DEA Advances Marijuana Rescheduling; Senators Propose Descheduling

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Advocates of marijuana reform and those seeking an end to marijuana prohibition received welcome news this week. Tuesday (April 30, 2024), The Associated Press reported that the Drug Enforcement Administration will move...more

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more

Husch Blackwell LLP

BREAKING: DEA Will Reschedule Cannabis to a Schedule III Drug

Husch Blackwell LLP on

The biggest legal shift in the cannabis industry in decades just occurred on the heels of the Drug Enforcement Administration’s (DEA) proposal for cannabis rescheduling. Specifically, as many anticipated, the DEA will...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

Lawsuit Highlights the Complexity of Regulating the Intrastate Use of Marijuana

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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

Vicente LLP

Top Five Countries to Watch for International Cannabis Reform in 2024

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While the cannabis industry in the United States awaits a marijuana scheduling decision from the Drug Enforcement Agency (DEA), many countries around the world continue to move forward with liberalizing their cannabis...more

Warner Norcross + Judd

HHS Recommends DEA Reschedule Marijuana from Schedule I to Schedule III – Now What?

Warner Norcross + Judd on

A year ago today on October 6, 2022, President Joe Biden asked the U.S. Secretary of Health and Human Services (HHS) and the U.S. Attorney General to initiate an administrative process to review how marijuana is scheduled...more

Troutman Pepper

HHS Proposes Rescheduling Cannabis to Schedule III – What It Means for the Industry

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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

Clark Hill PLC

The Intersection Between Marijuana and the 2nd Amendment: What Gun Owners Need to Know

Clark Hill PLC on

Marijuana use has become increasingly common in the United States, with many states legalizing its use for medical or recreational purposes. However, U.S. federal law still classifies marijuana as a Schedule I drug, which...more

McGlinchey Stafford

Marijuana & Banking: What’s the Hold Up? Pt. 1 – Conflicting Legal Landscapes

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Today, nearly four-fifths of the United States have regulated medical marijuana markets. Nearly half of the United States, consisting of twenty-one states along with Washington, D.C. and Guam, have acted to legalize...more

Bradley Arant Boult Cummings LLP

Bipartisan “Reef-orm”: Calls to Deschedule Marijuana Abound on Capitol Hill at Bipartisan Congressional Hearing

“Progress, far from consisting in change, depends on retentiveness… Those who cannot remember the past are condemned to repeat it.” – George Santayana, The Life of Reason - We originally aimed to quote Santana rather...more

Miles & Stockbridge P.C.

Growing Number of States Prohibit Adverse Employment Action for Off Duty Marijuana Usage

Miles & Stockbridge P.C. on

In recent years, employers adapted workplace policies and trainings to conform with changing state laws legalizing medical marijuana use. The landscape is continuing to evolve as many states have now prohibited adverse...more

Foley & Lardner LLP

Takeaways from President Biden’s Announcement on Marijuana Policy Reform

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On October 6, 2022, President Joe Biden issued a statement on marijuana policy reform, accompanied by a proclamation and decision to pardon individuals prosecuted for the simple possession of marijuana in violation of the...more

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

Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’

​​​​​​​In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful...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

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