According to a report from the Congressional Research Service (the Report), the Drug Enforcement Administration (DEA) is likely to follow the Department of Health and Human Services (HHS) and the Food and Drug Administration’s (FDA) recommendation to move marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). According to the Report,
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From Schedule I to Schedule III: Potential Shift in Marijuana’s Legal Status
Major news broke on August 30, 2023, as the U.S. Department of Health and Human Services (HHS) announced that it would recommend moving marijuana from Schedule I to Schedule III, as first reported by Riley Griffin for Bloomberg. HHS Secretary Xavier Becerra said earlier this year that the recommendation on marijuana rescheduling would be…
Navigating the Complexities of Cannabis Insurance
The cannabis industry, just like any other industry, requires insurance coverage.…
All Eyes on Ohio’s Adult-Use Marijuana Measure Post Issue 1 Defeat
On August 8, 2023, Ohio voters defeated a proposed amendment to the state’s Constitution that would have required at least 60% of the vote on any citizen-initiated proposal to amend the Constitution, otherwise known as Issue 1. Since 1912, the Ohio Constitution has required only a majority of the vote to pass an amendment to…
Cash Transportation for Cannabis-Related Businesses
By Heidi Urness
With the ever-expanding legalization of medical and adult-use cannabis across the United States an ever-expanding problem is coming to the forefront: cash transportation.…
Rescheduling Marijuana: Understanding the Legal Impacts
Marijuana is currently listed as a Schedule I substance in the Controlled Substances Act (CSA); this scheduling means the federal government concluded marijuana has no currently accepted medical use in any setting. This could change as the Biden Administration evaluates marijuana’s current legal status, potentially opening the door to rescheduling marijuana. In a prior post…
Hemp in Your Suitcase Can Get You Convicted of Trafficking in Marijuana
A hard lesson was learned after cannabis was discovered in a suitcase at the airport: the government does not have to prove cannabis is marijuana to convict you of trafficking in marijuana. A new case recently clarified that the legal burden shifts and requires the accused to produce evidence that the cannabis is not marijuana.…
NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries
By Heidi Urness & David Waxman
New laws and regulations are likely to be implemented in both New Jersey and New York in the very near future, which will greatly affect parties’ abilities to work with marijuana businesses.…
Podcast: Cannabis and Bankruptcy, Ep. 3: Considerations for Lenders
This is the third installment in our three-part series: “Exploring Issues in Cannabis and Bankruptcy.” In this final episode, we’ll explore what the two recent decisions in Blumsack and Hacienda mean for creditors in the cannabis industry and also what rights are available to lenders and marijuana financiers in the bankruptcy context.…
Contamination, PFAS, and the Cannabis Industry
Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chemicals used in various industries, such as food packaging, cosmetics, and household products. More than 10,000 chemical substances can be classified as PFAS in the United States. However, despite their broad use, several studies have identified potential health risks associated with these chemicals.…