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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

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

Bradley Arant Boult Cummings LLP

Federal Appeals Court: Pay That Man His Money, Unless That Money Is Illegal Marijuana Money

Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law. A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to...more

Foley Hoag LLP - Cannabis and the Law

Cannabis Rescheduling Update: DEA Announces Date for ALJ Hearing

On August 27, 2024, the Drug Enforcement Administration (DEA) has scheduled an ALJ hearing to consider briefs, evidence and witnesses from “interested parties” in connection with the DEA’s proposed rulemaking to reschedule...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

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

Bradley Arant Boult Cummings LLP

Now That It Appears Marijuana Is Being Rescheduled, How Does That Process Work?

As we at Budding Trends reported last week, the DEA is set to finally accept the recommendation of the U.S. Department of Health and Human Services (HHS) to reschedule marijuana from Schedule I to Schedule III under the...more

Bradley Arant Boult Cummings LLP

DEA Poised to Reschedule Marijuana

Cue the Ron Paul “It’s Happening” gif and shout it from the rooftops: DEA will reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act, per a report from the AP. The United States federal...more

Benesch

Cannabis Industry Quarterly Update: Q1 2024

Benesch on

If the Federal Government reschedules marijuana, experts believe it could lead to a cascade of state-level changes. There is growing evidence that Joe Biden’s administration is working on moving marijuana to Schedule III...more

Akin Gump Strauss Hauer & Feld LLP

Cannabis in 2024: HHS Rescheduling Recommendation and SAFER Banking

Key Points - The scientific review supporting HHS’s recommendation to DEA that cannabis be reclassified from a Schedule I to a Schedule III drug was published on January 12, 2024. Classifying cannabis as a Schedule III...more

Troutman Pepper

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

Troutman Pepper on

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

Sullivan & Worcester

HHS Recommends Major Shift in the Legal Treatment of Cannabis

Sullivan & Worcester on

On August 29, 2023, the U.S. Department of Health and Human Services (“HHS”), after completing an almost year-long evaluation of cannabis’s current status as a Schedule 1 substance, recommending to the Drug Enforcement...more

Foley Hoag LLP - Cannabis and the Law

The Cannabis Rescheduling Recommendation: What it Means and What’s Next

In light of the August 30, 2023 historic recommendation from the U.S. Department of Health and Human Services (HHS) to reschedule cannabis to Schedule III, a multidisciplinary group of attorneys from Foley Hoag’s nationwide...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

Foley Hoag LLP

Big Four Health Committee Leaders Release Request for Information on Regulation of Cannabidiol

Foley Hoag LLP on

On July 27, 2023, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone, Jr., (D-NJ), along with Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bernie...more

Manatt, Phelps & Phillips, LLP

FDA Issues New Draft Guidance on Clinical Testing of Psychedelic Drugs

On June 23, 2023, FDA issued a first-of-its-kind draft guidance for sponsors of studies of psychedelic drugs. The guidance arrived just as the Psychedelic Science 2023 conference in Denver was wrapping up. Touted as the...more

Perkins Coie

Federal Cannabis Scheduling Decision Expected This Year

Perkins Coie on

Secretary Xavier Becerra shared during a press conference on June 15 that relevant federal agencies are working to complete their administrative review of cannabis scheduling this year, according to Marijuana Moment....more

Bradley Arant Boult Cummings LLP

Real or Not Real? The Difference Between Legal Delta-8/Delta-10 THC and Illegal Delta-8/Delta-10 THCO

Last week, we wrote about the Drug Enforcement Administration’s (DEA) February 13, 2023 response letter stating that delta-8 THCO and delta-9 THCO – two forms of THC acetate ester (THCO) – are illegal controlled substances...more

Eversheds Sutherland (US) LLP

FDA says “no” to CBD: Now what?

The FDA’s recent decision not to regulate CBD like a food or dietary supplement leaves a multi-billion-dollar industry in a lurch. What’s next, and what should companies do now?...more

McDermott Will & Emery

Doctor-Patient Relationships and Medical Marijuana: Where Are We Now?

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On December 2, 2022, President Joseph Biden signed the Medical Marijuana and Cannabidiol Research Expansion Act (Cannabis Research Act), which provides a mechanism for industry and academia to access and research cannabis,...more

Butler Snow LLP

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

Butler Snow LLP on

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

Bradley Arant Boult Cummings LLP

2022 Midterms and the Future of the Safe Banking Act

As the midterm elections come to an end, we revisit the future of the SAFE Banking Act and the hurdles we expect to see in the coming Congressional term. If passed, the SAFE Banking Act would remove uncertainties surrounding...more

DarrowEverett LLP

SAFE Banking Tweak Would Be Huge ‘Plus’ for Financial, Cannabis Industries

DarrowEverett LLP on

As the regulated sale of cannabis increasingly becomes sanctioned under state law, federal implications arising from its classification as a controlled substance continue to frustrate those in the banking industry who view...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

Perkins Coie

Cannabis Legal Report - October 2022 #2

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Federal Court Allows State To Import Cannabis-Related Paraphernalia - The Court of International Trade (CIT) recently held that a company in Washington state could lawfully import cannabis paraphernalia from other...more

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