Insights on Cannabis

In the wake of the legalization of cannabis in the state of California following last week’s election, it is important for businesses to take stock of several legal issues as opportunities within this burgeoning market continue to grow.

On Nov. 8, 2016, California voters passed Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act.

Ending months of speculation, the Drug Enforcement Administration announced yesterday that it declined to down-classify marijuana from Schedule I of the Controlled Substances Act for the fifth straight time.

Last week, bipartisan legislation was introduced in the US Senate and the House of Representatives to amend the Controlled Substances Act and ease federal obstacles for medical researchers to conduct clinical studies on the medical benefits of marijuana.

The Drug Enforcement Agency recently approved a first-ever randomized, placebo-controlled clinical trial to study the use of botanical (“whole plant”) marijuana (rather than an extract made thereof) to treat post-traumatic stress disorder in veterans.

The US Drug Enforcement Administration recently announced that it is evaluating whether to downgrade the classification of marijuana under the Controlled Substances Act, which could allow more research into its potential medicinal benefits. A decision is expected this summer.  

On March 21, the US Supreme Court rejected a challenge by Nebraska and Oklahoma against a Colorado law that allows for the recreational use of marijuana.

The Colorado Supreme Court ruled that Dish Network LLC lawfully fired a quadriplegic customer service representative who used validly licensed medical marijuana, rejecting the employee’s argument that the company violated a state law that protects workers who engage in lawful off-duty conduct.

Arent Fox Associate Emily Leongini will be speaking at the 2019 American Bar Association Annual Meeting and Intellectual Property Law Conference. She will be part of the panel, “Beyond the High: A Global View on Brand Considerations for Cannabis” on Thursday, April 11, 2019 in Arlington, VA.

On July 25, Associate Emily Leongini will speak on “Making Health Claims under FDA Scrutiny,” at the Cannabis Business Summit & Expo.