Archive

The DEA’s Scheduling of Marijuana: What Happens After the DEA Publishes Its Rule?

By Jason Adelstone
Jan 30, 2024

On August 29, 2023, the Department of Health and Human Services (“HHS”) sent the Drug Enforcement Administration (“DEA”) its recommendation to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”). Since then, the marijuana industry has waited in suspense for the DEA to make the final call as to what schedule marijuana will be placed. Read this Insights post that outlines the complex process of marijuana rescheduling in the US and outlines the key steps involved, from rule publication to review and final rule, emphasizing the critical role of stakeholder engagement in securing a Schedule III classification.

US Officially Recognizes Medical Use and Safety of Cannabis: The Top 6 Things to Know About Schedule III and the Process Ahead

By Shawn Hauser
Aug 31, 2023

The federal government formally acknowledged the medical use and low potential of abuse for cannabis, with the US Department of Health and Human Services recommending that cannabis be rescheduled to Schedule III under the Controlled Substances Act. While placement in Schedule III still criminalizes commercial cannabis activity at the federal level, it is a significant step on the path to ending prohibition. This rescheduling would eliminate the application of 280E tax penalties, reduce the level of criminal liability for cannabis-related activity, reduce barriers to research, legitimize the industry through gaining credibility and engagement by physicians and the medical community, and support a growing industry for the American economy.

President Biden's Cannabis Scheduling Directive: Part 3

By Shane Pennington
Nov 9, 2022

What outcomes are possible from the impending administrative process to reconsider cannabis’s schedule I status? What are the implications of those various possible outcomes? And how should we all proceed in light of it all?

President Biden's Cannabis Scheduling Directive: Part 2

By Shane Pennington
Oct 21, 2022

To appreciate the gravity of the President’s scheduling directive and what could happen next, you need to understand (1) how the administrative process the President has set in motion will actually work and (2) how the agencies in charge have used it to affirm and reaffirm cannabis’s schedule I1 status repeatedly throughout the Comprehensive Drug Abuse Prevention and Control Act of 1970’s (“CSA”) history. Those topics are covered in this article. 

[Webinar] Cannabis Real Estate Considerations

Oct 12, 2021

Watch this recorded session where members of VS’s real estate practice discuss cannabis real estate issues, including lease considerations, financing, and local jurisdiction laws that may affect your business. 

sxsw

Aug 25, 2021

Vote for the panel "Sue 'n the DEA: Breaking the 50-Year NIDA Monopoly," featuring Shane Pennington to be included in SXSW 2022!

Charles Alovisetti to Present Cannabis Real Estate Financing CLE

Jul 1, 2021

The CLE, titled "Financing Cannabis-Related Real Estate: Structuring Options, Enforcement Issues, Regulatory Hurdles" will analyze legal and practical issues borrowers and lenders need to consider when documenting and funding a loan transaction secured by cannabis-related real estate.

What is a Cannabis REIT?

By Charles Alovisetti, Cassia Furman
Apr 23, 2021

To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.

Commercial Leases Involving Cannabis Businesses

By Ben Leonard and Brett Williams
Mar 9, 2021

This article published by the Colorado Bar Association addresses issues unique to cannabis-related business lease transactions and offers suggestions for structuring such leases to maintain regulatory compliance.