On January 12, 2024, a 252-page memorandum from the U.S. Department of Health & Human Services (“HHS”) was publicly released. This memorandum, dated August 29, 2023, portends a potential monumental shift in the regulation of marijuana under federal law and recommends that marijuana be regulated under schedule III of the Controlled Substances Act (“CSA”). The
Regulatory & Policy
Cannabis Legal Report – Week of September 11, 2023
Cannabis: In Focus
- New York State Regulators Approve Final Adult-Use Regulations as Judge Bars New York State From Issuing New Cannabis Licenses
- California Attorney General Partners With Cities To Address Illicit Cannabis Businesses
- USDA Hemp Industry Updates
Continue Reading Cannabis Legal Report – Week of September 11, 2023
HHS Recommends Moving Cannabis to Schedule III
Politico and Bloomberg both reported today that the U.S. Department of Health and Human Services (HHS) is officially recommending that marijuana be moved to Schedule III from Schedule I under the Controlled Substances Act (CSA), a historic shift that indicates the top health agency no longer considers cannabis to have high abuse potential with no…
Cannabis Legal Report – Week of August 14, 2023
Cannabis: In Focus
- VA Continues to Prohibit Doctors from Prescribing Cannabis to Veteran Patients
- NY Judge Issues Court Order to Halt Cannabis Business Licensing
- DEA Email Suggests DEA Considers Delta-8 THC a Controlled Substance
- THC Testing Class Action Claims Proceed against Cannabis Company
Continue Reading Cannabis Legal Report – Week of August 14, 2023
Federal Cannabis Scheduling Decision Expected This Year
U.S. Department of Health and Human Services (HHS) 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.
Last October, President Biden took the historic step of directing his administration to “expeditiously” review…
New York State Initiates Interagency Enforcement Actions Against Unlicensed Cannabis Businesses
On June 8, 2023, Gov. Kathy Hochul (D) announced a crackdown on sales by unlicensed cannabis sellers, which could face fines of up to $20,000 a day under recent legislation allowing for enhanced enforcement. The legislation allows the Office of Cannabis Management to assess civil penalties against unlicensed cannabis businesses and makes it a crime…
Cannabis Legal Report—Week of June 5, 2023
Cannabis: In Focus
- Coalition Forms To Influence Scheduling Review Process
- FDA Holds Stakeholder Call on CBD Regulation
- New York Cannabis Regulators Settle Cannabis Licensing Suit
- Minnesota Legalizes Adult-Use Cannabis
- Maryland Releases Adult-Use Cannabis Regulations
Major Cannabis Organizations Launch Coalition With Perkins Coie Support
As the Biden administration actively reviews the classification of cannabis under the Controlled Substances Act (CSA), a diverse group of cannabis companies and organizations is partnering with scientific and legal authorities, including Perkins Coie LLP, to launch the Coalition for Cannabis Scheduling Reform (CCSR).
The current classification of cannabis as a Schedule I drug puts…
Cannabis Legal Report—Week of May 8, 2023
Cannabis: In Focus
- SAFE Banking Gets a Senate Hearing
- Representative Nancy Mace Is Promised a Hearing on her Descheduling Bill
- CLAIM Act Reintroduced in Congress
- Hawaii Federal Judge Says 11th Amendment Protects State’s Choice to Define Hemp
- Maryland Governor Signs Cannabis Regulation Bill
Cannabis Legal Report—Week of April 24, 2023
Cannabis: In Focus
- Tenth Circuit Upholds Licensing Agency’s Discretion When Awarding Cannabis-Related Licenses
- Delaware Becomes Latest State To Legalize Recreational Cannabis
- Cannabis Legislative Updates
Continue Reading Cannabis Legal Report—Week of April 24, 2023