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

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use.

What Is Prohibited?

Effective January 1, 2024, employers are prohibited from discriminating against job applicants on the basis of lawful, off-the-job marijuana use. Specifically, employers may not rely on preemployment drug tests that screen for

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

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: In Focus

  • FDA and FTC Issue Cease and Desist Letters to Companies Selling Delta-8 Edibles
  • FDA Releases Draft Guidance for Psychedelic Drug Research
  • Federal Agencies Investigating Former Oregon Secretary of State’s Ties to Cannabis Company
  • “Plain” Packaging Guidelines for Missouri Cannabis Products Go Into Effect July 30

Continue Reading Cannabis Legal Report—Week of July 17, 2023

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

Cannabis: In Focus

  • DEA Announces New Guidance for Synthetic Cannabinoids
  • Oregon To Hold Landowners Responsible for Illegal Cannabis Grow Operations
  • States Provide State-Level Tax Relief to Cannabis Businesses
  • D.C. Superior Court Rules Cannabis Odor Constituted a Nuisance
  • New Suit Alleges Illicit Cannabis Operations Harm State-Legal Retailers

Continue Reading Cannabis Legal Report—Week of June 19, 2023

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