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
Coalition Releases Report on Federal Cannabis Classification
The Coalition for Cannabis Scheduling Reform (CCSR) recently released its comprehensive report on the federal classification of cannabis, co-authored by Perkins Coie Cannabis industry group co-chair Andrew Kline, with support from associate Tommy Tobin, and edited by paralegal Hanna Barker Mullin.
CCSR makes the case in its report that marijuana is improperly placed in the
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
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
Op-Ed: Consumers and Businesses Need Better Regulation of Cannabinoids
Our democracy is driven by both laws and fundamental freedoms. Americans expect governmental oversight that balances freedom of choice with protection of public health and safety. Sometimes these two imperatives that are emblematic of a free society do not align perfectly. In this op-ed published by Bloomberg Law, Perkins Coie Senior Counsel Andrew Kline
Cannabis Legal Report—Week of March 1, 2023
Cannabis: In Focus
- DEA Classifies Two Lab-Derived Cannabinoids as Schedule I
- Washington Federal Judge Dismisses Suit Challenging Residency Requirements
Continue Reading Cannabis Legal Report—Week of March 1, 2023
Update: Oregon Finalizes New Regulations To Implement Psilocybin Services Act
Oregon became the first state to offer controlled use of psilocybin to the public on January 1, 2023. Psilocybin is a Schedule I psychoactive substance that is illegal at the federal level. Notwithstanding this federal illegality, psilocybin’s potential medical uses are being explored in medical research centers, and the substance is currently undergoing clinical trials
Cannabis Legal Report—Week of January 23, 2023
Cannabis: In Focus
- New York City Attempts to Crack Down on Illicit Cannabis Market
- Connecticut Launches Recreational Cannabis Sales, With More States Expected to Follow in 2023
- Psilocybin State Updates
- FDA Issues Three New Warning Letters to CBD Product Manufacturers Alleging COVID-19 Benefits
- Congressional Research Service: Cannabis Banking and the Federal Reserve
Continue Reading Cannabis Legal Report—Week of January 23, 2023
Will The New Year Finally Bring FDA Guidance on CBD?
As 2022 drew to a close, the Wall Street Journal reported that the FDA is finally considering releasing potential guidance regarding cannabidiol (“CBD”) in the coming year. While the exact timeline and scope of the FDA’s potential action is unclear, the Journal asserts that the agency will decide “within months” regarding the appropriate regulation of CBD and whether that regulation would require Congressional action or new agency rulemaking. Concurrently, the FDA continues to explore potential CBD safety risks.
The agency has generally pursued limited enforcement activity to-date regarding CBD, with a focus on products in foods and beverages that make unsubstantiated health claims, such as claims that CBD could treat or prevent cancer or Covid-19. Stopping short of taking aggressive action, the FDA has only issued warning letters on CBD, despite the widespread availability of largely-unregulated food and beverage products containing the hemp-derived cannabinoid.
Continue Reading Will The New Year Finally Bring FDA Guidance on CBD?