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
Cannabis Legal Highlights
YOUR GUIDE TO THE LEGAL PRESENT AND FUTURE OF THE CANNABIS INDUSTRY
Blog Authors
Latest from Cannabis Legal Highlights
Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use
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…
Ohio Voters Approve Adult-Use Cannabis Referendum
After Tuesday’s election, Ohio is the latest state to legalize adult-use cannabis despite opposition from Republican Governor Mike DeWine and several trade groups.
Voters approved State Issue 2 with 57% voting in favor and 43% against. The measure allows Ohioans 21 years or older to buy, possess, and grow cannabis up to certain limits. It…
Cannabis Legal Report—Week of October 16, 2023
Cannabis: In Focus
- SAFER Banking Act Heads to Senate Floor
- U.S. Supreme Court Declines Invitation to Review Cannabis Precedent
- New Report Finds States’ Treatment of Cannabis Convictions Varies Greatly Even After Legalization
…
Cannabis Legal Report – Week of October 2, 2023
Cannabis: In Focus
- State Cannabis Regulators Urge Congress to Act on Hemp
- Massachusetts Judge Rules That Cannabis Business Must Bargain With Union, Applying Controversial Test
- California Cannabis Bankruptcy Case Again Survives Motion to Dismiss
…
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
…
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
…
Update: FDA Releases Public Inventory of Unapproved Food Additives
On July 12, 2023, the U.S. Food and Drug Administration (FDA) released a public inventory of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally Recognized as Safe (GRAS) when used as intended. FDA developed this inventory as part of its post-market surveillance of…
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
…