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McGlinchey Stafford

What Would Cannabis Rescheduling Mean for Lending and Payments Legality?

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The U.S. Drug Enforcement Agency’s proposal to reschedule cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA) has generated considerable buzz across business sectors, including for the...more

Troutman Pepper

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

Troutman Pepper 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

McGlinchey Stafford

Rescheduling Marijuana FAQs: Cannabis-Related Investments

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On May 21, 2024, the Drug Enforcement Agency (DEA) filed the Proposed Rule to move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. In light of the rescheduling marijuana news,...more

McGlinchey Stafford

Rescheduling Marijuana FAQs: How Do I Submit Comments on DEA’s Proposed Rules?

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On May 16, 2024, the U.S. Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The Office of Legal...more

McCarter & English, LLP

DEA’s Plan to Reschedule Cannabis: Implications and Insights

Earlier this week, the Department of Justice proposed reclassifying cannabis from Schedule I to Schedule III under the Controlled Substances Act. The move follows an August 2023 recommendation from the Department of Health...more

Vicente LLP

4 Major Implications of Cannabis Moving to Schedule III

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After 50 years of being on the most restrictive schedule alongside drugs like heroin and PCP, the DEA will move to reschedule marijuana in Schedule III, where the plant’s medical benefits will finally be recognized by the...more

McGlinchey Stafford

Marijuana Rescheduling is Here: How DEA’s Decision Will Impact Cannabis Businesses

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After fifty years, the federal government finally acknowledged that marijuana has medical value and is not as dangerous as heroin. As first reported by the Associated Press and confirmed by Marijuana Moment, on April 30,...more

Benesch

Is There a Shortcut to Cannabis Rescheduling?

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In the next 2 months or so, the Drug Enforcement Agency (DEA) is likely to announce that it will reschedule cannabis under the Controlled Substances Act (CSA) from a Schedule I highly dangerous and addictive drug with no...more

Burns & Levinson LLP

An Introduction to Rescheduling Realities

Burns & Levinson LLP on

For many, the most exciting prospect in the cannabis industry for 2024 is the possibility of rescheduling cannabis from a Schedule I controlled substance to Schedule III under the Controlled Substances Act (as amended and in...more

Husch Blackwell LLP

Marijuana Rescheduling: Process and Procedures To Know Now

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On October 6, 2022, President Biden made a statement in which he asked the Secretary of Health and Human Services (HHS) and the Attorney General to review how marijuana is scheduled under federal law. In his statement, the...more

McGuireWoods LLP

HHS Rescheduling, SAFER Banking Act May Change the Marijuana Landscape

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In late August 2023, the Department of Health and Human Services (HHS) recommended rescheduling marijuana from a Schedule I substance to a Schedule III substance under the Controlled Substances Act (CSA), signaling the...more

McGlinchey Stafford

Federal Legalization of Marijuana May Be Closer Than You Think

McGlinchey Stafford on

According to reporting from Kyle Jaegar of Marijuana Moment, the federal government aims to finish its review of marijuana’s current legal status by the end of 2023, based on remarks from the head of the U.S. Department of...more

Amundsen Davis LLC

Movement on the SAFE Banking Act? The Senate is Talking the Talk, but Not Ready to Walk the Walk

Amundsen Davis LLC on

Earlier this month, the U.S. Senate Banking Committee met to discuss the SAFE Banking Act, a critical piece of proposed legislation that would make it easier for the cannabis industry to secure and utilize much needed banking...more

Husch Blackwell LLP

Federal Trademark Decision Impacts Cannabis Industry

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On May 3, 2023, the federal Trademark Trial and Appeal Board (the “TTAB”)—the entity responsible for handling disputes over the issuance of trademarks on a nationwide level—issued a precedential opinion in In re National...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

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

Rivkin Radler LLP

Cannabis & the Mid-Terms: What Tax Policy?

Rivkin Radler LLP on

On October 6, 2022, the President announced three changes in the Federal government’s policy toward cannabis: 1.He pardoned all prior Federal offenses of simple possession of marijuana; 2.He urged governors to do the same...more

Bradley Arant Boult Cummings LLP

Cannabis Banking: Will the SAFE Banking Act Finally Pass?

One of the largest headwinds facing the cannabis industry is the lack of access to banking services. Many financial institutions refuse to serve the multibillion-dollar cannabis industry given the regulatory uncertainty...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

Butler Snow LLP

States’ Efforts to Blunt Federal Criminalization of Marijuana

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Medical marijuana will be on the ballot this November in Mississippi. Initiative 65 proposes to amend the Mississippi Constitution to allow citizens, certified by physicians, to use medical marijuana. For the most part,...more

White & Case LLP

The House Passes Cannabis Banking Legislation: Implications for the Financial Services Industry

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On September 25, 2019, the US House of Representatives ("House") passed, by a vote of 321 to 103, the Secure and Fair Enforcement Banking Act ("SAFE Banking Act"), bipartisan legislation designed to secure and regulate...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: CBD, THC, FDA – What You Need to Know About Cannabis and Its Regulation

In this episode, Akin Gump health care and life sciences partner Howard Sklamberg discusses the history and status of cannabis regulation and enforcement in the U.S., particularly of cannabidiol, or CBD. Among the topics...more

Baker Donelson

Still Smoking: Medical Marijuana in Maryland and What You Need to Know

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Maryland first joined the "legal marijuana" party back in 2014, and in June 2017, the Maryland Medical Marijuana Commission licensed the first dispensary. Originally published in Maryland State Bar Association Section of...more

The Volkov Law Group

U.S. Marijuana Laws Cause Uncertainty for Financial Institutions

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The quasi-legal status of marijuana in today’s United States is raising serious questions about federalism and enforcement for U.S. financial institutions. It is well known that marijuana is still classified as a Schedule I...more

Jaburg Wilk

Five Tips to Not Let Your Marijuana Trademarks Get Vaporized

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Whether operating in states that allow medical marijuana like Arizona or in states that allow it both medically and recreationally like Colorado, business owners in the marijuana industry want to protect their brands just...more

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