June 2024
Rod Kight: THCa Deja Vu
A friend sent me an article this morning from Marijuana Moment that discusses a May 13, 2024 letter to my friend and ...
Rod Kight: Damn the Torpedoes, Hemp Unite!
As everyone reading this article likely knows, the Miller Amendment unexpectedly passed a bloc vote in the US House Committee on Agriculture ...
Jacoby Law: Oregon Judge Rules OLCC Employees’ Statutory Immunity Unconstitutional
Following up on our January 2024 post discussing the constitutionality of OLCC’s immunity statute in the cannabis regulatory context with some breaking ...
Dentons: This is Monumental – AG initiates proceedings to transfer cannabis from schedule I to schedule III
The Attorney General (AG) made history yesterday when he initiated proceedings to transfer cannabis from schedule I to schedule III, ...
Benjamin C. Varadi – Vermont Law & Graduate School: Title: Bond-Funded State Cannabis Loan Underwriting Can Increase Competition While Reversing Race Bias
Cannabis regulation may well be the most persuasive illustration of Justice Brandeis’ famed observation that states, when sufficiently courageous, can ...
mcglinchey: Rescheduling Marijuana FAQs: How Do I Submit Comments on DEA’s Proposed Rules?
This post provides details about the Proposed Rule and the process of submitting comments ...
Troutman Pepper: The Varied Landscape of Tobacco and Cannabis Flavor Bans or Restrictions
The landscape of tobacco product and cannabis flavor bans or restrictions varies significantly across the country. In both industries, some ...
Gleiss Lutz: Update On Cannabis Legalisation: Bill Finalised
On 16 August 2023, the Federal Cabinet introduced a bill on the partial legalisation of cannabis. The draft implements the ...
Rich May: Marijuana Rescheduling Is Happening Sooner Rather Than Later
The U.S. Drug Enforcement Administration approved an earlier opinion of the Department of Health and Human Services that would reclassify ...
Wilson Elser: DOJ Confirms Moving Marijuana To Schedule III; Sidesteps Anticipated Impact On State Cannabis Markets
On May 16, 2024, the Department of Justice (DOJ) initiated the formal rulemaking process to move marijuana to Schedule III ...
Troutman Pepper: The Enemy of the Good: Comparing Administrative v. Legislative Approaches to Cannabis Reform
Only one day after reports surfaced that the Drug Enforcement Administration (DEA) will proceed with rescheduling cannabis from Schedule I ...
Greenberg Traurig, LLP: Proposed Marijuana Reclassification And Impact On Employers
On May 16, 2024, the U.S. Department of Justice announced that the Attorney General has submitted a notice of proposed rulemaking initiating ...
Shipman: New CT Cannabis Laws Will Have Major Implications For Businesses
Connecticut continues to refine and restrict how CBD products containing THC are regulated, creating new product categories including “moderate-THC hemp” ...
Harris Sliwoski: Vince Sliwoski – “F*** the Treaties: Rescheduling and “Marijuana-Specific Controls”
The Drug Enforcement Administration (DEA) published its Notice of Proposed Rulemaking (“NOPR”) last week to much fanfare. The NOPR would reschedule marijuana, ...
Taylor Wessing: Germany: OLG Hamburg On The Inadmissibility Of Issuing Pharmaceutical Prescriptions Over The Internet
In its reference decision of 15 August 2023 (Ref.: 5 U 93/22), the Hanseatic Higher Regional Court of Hamburg ruled ...
Holland & Knight: U.S. Drug Enforcement Administration Proposes Reclassification of Marijuana
The U.S. Drug Enforcement Administration (DEA) on May 16, 2024, issued a proposed rule to move marijuana from its current classification as ...
mcglinchey: Ohio’s Recreational Cannabis: Almost Ready to Roll
May 13, 2024, Ohio’s Joint Committee on Agency Rule Review (JCARR) approved eleven rules previously submitted by the Division of ...
Harris Sliwoski: DEA Issues Notice of Proposed Rulemaking to Move Marijuana to Schedule III
Today is another historic day in the history of cannabis control and regulation. In a much anticipated announcement, the Drug ...
Plunkett & Cooney: Beyond 280e: The Future Of The Ordinary Business Deduction For Cannabis Businesses
It is estimated that medical and recreational cannabis sales could exceed $33.6 billion with an additional economic impact of $100.8 ...
Hall & Wilcox: Navigating regulatory requirements: promoting and advertising medicines, including medicinal cannabis
The increased use of relatively new therapies, such as medicinal cannabis in Australia, coupled with the advancements of telemedicine, e-prescribing ...
Foley Hoag: The DEA’s Rule to Reschedule Cannabis to Schedule III: Process and Timeline
On April 30, 2024, the Associated Press (AP) reported the Drug Enforcement Administration (DEA) will propose a rule to reschedule cannabis from ...
CEO: South Africa: Clearing The Haze: The Labour Appeal Court’s Judgment On Cannabis In The Workplace
The recent Labour Appeal Court (LAC) decision in the case of Bernadette Enever vs Barloworld Equipment South Africa, a division of ...
Vicente: Marijuana Rescheduling: Why Opponents Have No Idea What They Are Talking About
After listening to the House Oversight and Accountability Committee Hearing with the Commissioner of the FDA on April 11, one conclusion ...
Duane Morris: DEA’s Marijuana Rescheduling Plan Has Law Firms High on Expanding Relationships With Cannabis Clients
The likelihood of marijuana’s federal reclassification to Schedule III status has Big Law leaders eyeing opportunities to expand relationships with ...
Cole Schotz P.C: Weed it and Reap: Cannabis Rescheduling’s Impact on Tax Deductions
Internal Revenue Code Section 280E prevents cannabis operators from taking ordinary business expense deductions because cannabis is currently classified as ...
Cozen O’Connor: Tax Benefits to Arise from Department of Justice’s Move to Reclassify Marijuana
On April 30, 2024, the Department of Justice submitted a formal proposal to the White House to loosen the restrictions ...
MONTGOMERY MCCRACKEN: RESCHEDULING CANNABIS CREATES A TAX REFRAME
After an expected Drug Enforcement Agency reclassification, under federal law, cannabis will move from Schedule I to Schedule III. Currently, ...
Lus Laboris: Labor law and cannabis legalization
Although possession of cannabis is now legal (up to certain limits), this does not mean that employees can work under ...
Bradley: 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 ...
Sheppard Mullin: Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements
On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole ...
McCarter English: 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 ...
Clark Hill: Cannabis Reclassification: Litigation Impact
In a historic move, the DEA accepted the US Department of Health and Human Services’ recommendation to reclassify marijuana from ...
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 ...
Hinshaw: 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 ...
Miller Nash LLP: Cannabis & Taxes: Making Cents of Refunds and Reclassification
On April 30, 2024, the Associated Press announced the U.S. Drug Enforcement Agency (DEA) will move to reclassify cannabis from a Schedule I to ...
Clark Hill: Marijuana Rescheduling’s Impact on U.S. Customs and Border Patrol Interdiction of Drug Paraphernalia
The Biden administration has proposed to reschedule marijuana from a Schedule I to Schedule III controlled substance. This reclassification will ...