Vicente LLP Federal and International Cannabis and Psychedelics Law and Policy Update: February 2025
Feb 6, 2025
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Welcome to the Vicente LLP Federal and International Cannabis and Psychedelics Law & Policy update! In this quarterly newsletter, we will share selected insights, news and events to keep you in the loop on global cannabis, hemp and psychedelics happenings.
Federal News & Insights
Cannabis Rescheduling Hearings Postponed: How Did We Get Here and What Happens Next?
The much-anticipated hearings on the proposed rulemaking to reschedule cannabis, which were scheduled to begin on January 21, have been postponed for at least three months as a result of an appeal granted by DEA Administrative Law Judge John Mulrooney. In this article, we examine a timeline of progress on rescheduling so far and discuss what may happen next and how the new administration may affect the process. Read more.
The judge of the cannabis rescheduling hearing criticized the DEA for failing to submit evidence in hard copy for cannabis rescheduling hearings, rejecting its digital submission and reserving potential sanctions. The DEA also faces accusations of bias, improper communications with anti-rescheduling groups, and unclear witness selection processes. Read more.
Cannabis Reformers Split After DEA Judge Cancels Hearings
In a recent Law360 article, “Cannabis Reformers Split After DEA Judge Cancels Hearings,” Vicente partner Shawn Hauser was quoted: “It appears that there is compelling evidence that DEA may be trying to fix this hearing to ensure that marijuana remains in Schedule I or II, which is certainly on brand for DEA.”
Career Drug Warrior Named Acting DEA Administrator
The Trump administration has named career special agent Derek Maltz as Acting Administrator of the US Drug Enforcement Administration. Maltz has been publicly critical of the rescheduling process and legislative efforts regulating the adult-use cannabis market. Read more.
NRA Weighs In On ‘Confusing’ Legal Landscape for Gun Owners Who Consume Marijuana
The National Rifle Association’s (NRA) lobbying arm says that recent court decisions calling into question the constitutionality of the federal government’s ban on gun ownership by marijuana consumers has “led to a confusing regulatory landscape” that’s impacted Americans’ Second Amendment rights. Read more.
Two Largest Cannabis Industry Groups Combine Policy Advocacy efforts to Form New Organization
The National Cannabis Roundtable (NCR) and US Cannabis Council (USCC) have combined to form the US Cannabis Roundtable. This organization establishes a singular voice representing the cannabis industry to the newly sworn in 119th Congress and the incoming Trump Administration. Together, NCR and USCC will deploy an unprecedented advocacy team including influential former members of Congress and a former senior Trump advisor, among others. The cannabis priorities of the organization and their advocates focus on common-sense reform initiatives. Read more.
International News & Insights
HHC Could Potentially Be Placed in Schedule II of the UN Convention on Psychotropic Substances
The UN Commission on Narcotic Drugs (CND) will vote in March on whether to place hexahydrocannabinol (HHC) in Schedule II of the UN Convention on Psychotropic Substances, a move that would effectively ban its recreational use worldwide. The European Union has already backed the measure, making scheduling likely. Read more.
Vicente LLP monitors and tracks international cannabis, hemp, and psychedelics laws. Please contact us if you are interested in receiving updates for specific countries/regions or would like strategic guidance related to expanding your business internationally. Learn more about our Federal and International Law & Policy services.
Brazil Legalizes Hemp Cultivation, Manufacturing and Sales
In a November 2024 ruling, Brazil’s Supreme Court established that federal cannabis restrictions do not apply to hemp plants containing less than 0.3% THC and that current law allows for the manufacturing and sale of medicinal hemp-based products. The court set a six-month deadline for federal lawmakers and officials with the Brazilian Health Regulatory Agency to establish regulations for the anticipated hemp industry. Read more.
Czech Republic Pushes Ahead with Pioneering ‘Psychomodulating Substances’ Regulation
Starting July 2025, the sale of low-THC cannabis and kratom will be allowed under the newly established Psychomodulatory Substances Act, marking the country as the first to create a distinct category for low-risk substances outside traditional narcotics laws. Read more.
Italy Plans to Restrict Hemp Industry
While marijuana production is illegal in Italy, parliament authorized the hemp trade in 2016. Prime Minister Giorgia Meloni is now pushing a bill through parliament to ban any product deriving from the hemp flower to get rid of the gray market for “cannabis light” in the country. Read more.
Spain May Regulate Medical Cannabis in 2025
Spain’s Ministry of Health has taken steps toward regulating medical cannabis and has submitted a draft Royal Decree to Brussels for review by the European Commission. The proposal is quite conservative and has raised concerns among patient advocates. If approved, medical cannabis may be regulated by Summer 2025. Read more.
Thailand Publishes Draft Bill to Regulate Medical Cannabis
Thailand decriminalized cannabis in 2022, but in July 2024 the Pheu Thai Party announced plans to ban the plant. Then, in September 2024, the Ministry of Public Health, under the new government, published a bill to regulate medical cannabis (and not ban adult use or reclassify the plant as a narcotic). Read more.
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