On May 16, 2024, the U.S. Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The Office of Legal Counsel (OLC) also provided a memo to the Department of Justice (DOJ) supporting the DOJ, which oversees the DEA and grants the DEA authority to make rules under the CSA to the DEA.
Continue Reading Rescheduling Marijuana FAQs: How Do I Submit Comments on DEA’s Proposed Rules?

In late August, the U.S. Department of Health and Human Services announced that it would recommend moving marijuana from Schedule I to Schedule III of the Controlled Substances Act. In this episode, corporate cannabis attorney Daniel Shortt moderates a discussion with tax attorney Douglas Charnas and financial services regulatory attorney

Continue Reading Podcast: Tax and Banking Implications of Rescheduling Marijuana

Tax season is nearly upon us. As cannabis businesses and the professionals who advise them can expect, navigating the variations and even direct conflicts that exist between and among the state and federal authorities that govern a cannabis business’s respective tax filings can be treacherous.
Continue Reading Tax Win in Oregon Reminds Cannabis Businesses to Properly Classify Expenses

Have Marijuana Residency Licensure Requirements Gone Up In Smoke?

For a variety of reasons, many states that have legalized recreational or medical marijuana have imposed residency requirements throughout their regulatory schemes, meaning that marijuana license holders, employers, and, in some cases, even consumers, must be residents of the state. However

Continue Reading Maybe You Can Play In the Sandbox If You Don’t Live in the Neighborhood

On Thursday, July 21, 2022, Senators Chuck Schumer, Ron Wyden, and Cory Booker unveiled the long-awaited Cannabis Administration and Opportunity Act (CAOA), which, if passed, would decriminalize marijuana at the federal level and require various federal agencies to establish rules for regulating various aspects of the marijuana industry.
Continue Reading Maybe This Time Will Be Different: Senate Unveils Legislation to Legalize Marijuana

This article was published in the April 2022 issue of the Cannabis Law Journal.

The federal government is poised to apply a new herbicide to marijuana businesses throughout the United States: Section 6662 of the Internal Revenue Code. (26 US Code § 6662(a).)

While legal marijuana businesses

Continue Reading A New Herbicide for Marijuana Businesses: Internal Revenue Code § 6662