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The Table is Set on Marijuana Rescheduling

On October 6, 2022, President Biden made a statement in which he asked the Secretary of Health and Human Services (HHS) and the Attorney General to review how marijuana is scheduled under federal law. In his statement, the President appeared to express disappointment that marijuana is listed in the same schedule as “drugs that are driving our overdose epidemic” (Id.). It was highly anticipated that this review would lead to the rescheduling, or even de-scheduling, of marijuana. On August 29, 2023, HHS submitted its recommendation to the Drug Enforcement Administration (DEA) that marijuana be rescheduled from Schedule I to Schedule III.

In our previous posts,[1] we discussed why state-legal medical and recreational marijuana businesses are likely not eligible to receive federal financial assistance under the Paycheck Protection Program due to the fact that these businesses are inherently engaged in federally illegal activities.

While our view has not necessarily changed, this post is intended to highlight…

Different glass bottles with CBD OIL, THC tincture and cannabis leaves on yellow background. Flat lay, minimalism. Cosmetics CBD oil.

In our previous post, we touched on the fact that state-legal medical and recreational marijuana businesses (including indirect marijuana businesses) could not receive federal financial assistance due to marijuana’s continued Schedule I status under the Controlled Substances Act (“CSA”).  While state-legal medical and recreational marijuana businesses have been adversely affected due to government imposed…

Yesterday the DEA published a final rule providing for a new drug code for “Marihuana Extract” .  The DEA states that this will allow them to track quantities of “Marihuana Extract” separately from marijuana to aid in the compliance with relevant drug treaties.  This new rule is set to become effective on January 13, 2017.  The…

On August 12, 2016, the DEA published a policy in the federal register (81 Fed. Reg. 53846) designed to increase the number of entities registered under the CSA to grow marijuana to supply legitimate researchers in the United States.  The DEA has concluded that the best way to satisfy the current researcher demand for…