Insights on Cannabis

It is not all doom and gloom for the cannabis industry this year; positive developments across states and the potential (albeit remote) for federal rescheduling means the cannabis industry can expect ongoing advancements.

Food, Drug, Medical Device & Cosmetic Partner Emily Cowley Leongini will lead a session on dietary supplements during the Food & Drug Law Institute’s (FDLI) virtual Introduction to Food Law and Regulation course on March 11, 2025.

On January 13, the chief administrative law judge of the US Drug Enforcement Administration (DEA), John Mulrooney, postponed the highly anticipated hearing on the rescheduling of cannabis under the Controlled Substances Act (CSA), which was set to begin on January 21. The order postpones the rescheduling hearing for at least three months.

Despite growing public support, Texas continues its challenges to the legalization of recreational and medical marijuana. On December 5, Texas Lieutenant Governor Dan Patrick announced a bill that would ban all forms of consumable tetrahydrocannabinol (THC) products, including hemp-derived, nonintoxicating products.

This past August, the US Drug Enforcement Administration (DEA) announced plans to hold an administrative hearing on its proposal to move “marijuana” from Schedule I of the Controlled Substances Act — the most restrictive category — to Schedule III.

On September 30, Governor Gavin Newsom signed into law the California Assembly Bill 1775 (AB 1775). The bill amends Section 26200 of the Business and Professions Code and significantly expands the permissible activities for licensed cannabis retailers and microbusinesses.

Food, Drug, Medical Device & Cosmetic Partner Emily Cowley Leongini will lead a session on dietary supplements in the Food & Drug Law Institute’s (FDLI) virtual Introduction to Food Law and Regulation course on September 18, 2024.

As we discussed during our recent webinar, the administrative process associated with the US Drug Enforcement Administration’s (DEA) proposed rescheduling of “marijuana” should be expected to proceed slowly and deliberately.

On July 16 the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued warning letters to five companies for illegally selling “copycat” food products containing delta-8 tetrahydrocannabinol (THC).

ArentFox Schiff Partners Emily Leongini, Justin Goldberg, and moderator David Grosso discuss the potential implications of the DEA’s rescheduling proposal on cannabis companies around the country.

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year.

In the words of rapper Kendrick Lamar, “Money trees is the perfect place for shade and that’s just how I feel.”

In an industry known for its fast-paced changes, 2024 will be no different for cannabis.

New York Supreme Court Justice Kevin Bryant recently ruled that all New York State cannabis regulations are unconstitutional and therefore, null and void.

Finding a suitable location for a cannabis retail store is not easy, especially in New York City, where quality retail locations are scarce and expensive, and regulations are more robust than most other municipalities.

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing consumer application in history.

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing consumer application in history.

Signed into law on July 13, 2022, the District of Columbia Cannabis Employment Protections Act, provides major new workplace protections for marijuana users.

Partner Malcolm McNeil spoke with Marijuana Business Daily about how the cannabis industry has turned to real estate sale-leaseback transactions to address the lack of outside financing.

The ArentFox Schiff Cannabis Industry team reviews 10 of the most pressing legal issues facing the industry in 2023.

In January, the United States Court of Appeals for the Tenth Circuit issued a published opinion in Serna v. Denver Police Department, No. 21-1446 (10th Cir. Jan. 24, 2023), upholding the dismissal of a hemp farmer’s lawsuit against local government officials in Colorado who confiscated his plants.

Over the last decade, 37 states and four territories in the United States have legalized some form of cannabis sales for recreational or medical use by consumers.

Medical marijuana has been legal in DC since 2011. In recent years, the District has adopted piecemeal amendments to its medical cannabis program, largely through temporary emergency legislation and mayoral rulemaking. In recent years, DC has also attempted to legalize adult-use marijuana.

Four ArentFox Schiff attorneys have been named “Go-To Thought Leaders” in 2022 by National Law Review, which honors excellence in legal news and analysis.

The Secure and Fair Enforcement (SAFE) Banking Act is still on the table, and US Department of Justice (DOJ) is weighing in.