Vicente LLP Federal and International Cannabis and Psychedelics Law and Policy Update: September 2024
Sep 25, 2024
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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.
Learn more about our federal and international law and policy services.
Federal News & Insights
Cannabis Rescheduling Hearing Set: What Happens Now?
The DEA Hearing on Proposed Rulemaking for cannabis rescheduling will take place on December 2 after 43,000 comments were submitted during the DEA public comment period, which closed on July 22. The DEA reviewed the comments and determined that a hearing in front of an administrative law judge (ALJ) is warranted. Read more.
Cannabis Industry Leaders Bemoan DEA Rescheduling Hearing Delay
In a recent Forbes article, “Cannabis Industry Leaders Bemoan DEA Rescheduling Hearing Delay,” Brian Vicente was quoted: “We’ve waited 50 years for our day in court and can wait a few more months. Law and science are on our side and if we get a fair hearing, we win. In this process, the DEA has been presented with mountains of evidence that cannabis is a legitimate treatment for many debilitating physical and mental conditions and has a remarkably low potential for abuse. This procedural hearing will allow advocates to showcase the data and fact that strongly support moving cannabis to Schedule III.”
Marijuana Rescheduling Hearing Delay Prompts Anger, Stock Sell-Off
Regarding the lengthy rescheduling process, Vicente partner Shawn Hauser had this to add in a recent MJBizDaily article, “It’s usually a nine-year process. Rather than be upset over the wait, the cannabis industry should be looking forward to arguing its case before a DEA that agrees on at least one point: The current status quo should change. People should be focused on preparing to support a historic hearing. There are volumes of science and medicine that support the medical use and remarkably low abuse potential of cannabis.”
Marijuana Companies File Opening Appellate Brief In Case Challenging Federal Prohibition
Major cannabis companies have filed an appellate brief in a case challenging the federal prohibition of cannabis arguing that Congress no longer has the authority to criminalize state-legal marijuana. The case is currently before the U.S. Court of Appeals for the First Circuit. Read more.
A Food and Drug Administration (FDA) official testified before Congress that the agency has the authority to seize cannabis edibles and drinks, but typically opts to send warning letters instead. The official stated that the FDA considers these products to be unsafe and illegal under federal law.
Cannabis User Cannot be Banned from Gun Ownership, 5th U.S. Circuit Court of Appeal Rules
A recent US court ruling has determined that individuals who use cannabis, even legally, cannot be automatically banned from owning firearms. The court argued that the law's restrictions on gun ownership for cannabis users do not align with the Second Amendment. Read more.
International News & Insights
The Current State of Cannabis Reform and Marijuana Policy in European Union Nations
Despite growing public support, EU nations face significant legal hurdles in establishing commercial marijuana markets due to international drug treaties and EU regulations. This Insights post highlights the various approaches toward cannabis reform taken by countries like Germany, Malta, the Netherlands, Switzerland, and the Czech Republic, and how this could potentially impact future cannabis policies in Europe. Read more.
Czech Cannabis Bill Stalled as Political Battle Heats Up, But Hope Remains for Full Legalization
The Czech Republic government is divided over a cannabis legalization bill. While some support an adult-use cannabis retail market, others prefer a more conservative approach. The bill includes the legalization of self-cultivation and personal use, but there are concerns that limiting access to only cultivation could push medical cannabis patients into the illicit market, contradicting the bill's aim of harm reduction. Read more
Ukraine Medical Marijuana Legalization Law Officially Takes Effect Amid Ongoing Russian Conflict
Ukraine has officially legalized medical marijuana. The law allows for cannabis access as a potential alterative to traditional pain management methods to patients with severe illnesses and PTSD, including Russian-war soldiers. Read more.
25 German Cities Want To Sell 'Adult' Cannabis in Pharmacies as Part of a Nationwide Experiment
Several German cities have expressed interest in participating in a nationwide experiment to sell adult-use cannabis in pharmacies. The experiment aims to regulate the cannabis market and reduce the black market by establishing a controlled supply chain for quality cannabis products and preventing underage access. Read more.
Germany Moves to Overturn Controversial Hemp Law but Legal Prosecutions Continue
Germany’s government is currently working to overturn the controversial "intoxication clause" of their Industrial Hemp Liberalization Act. This clause has strict restrictions on THC levels, which has slowed the growth of the hemp industry. Read more.
The medical cannabis market in Germany is rapidly growing as more patients seek access to cannabis-based treatments. Due to concerns about potential misuse and its long-term impact on public health, there have been calls for stricter prescription regulations. 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.
The number of applications for cannabis social clubs in Germany has significantly increased in the last month. Despite the surge in applications, only eight permits have been granted in a single federal state. However, many applicants continue to face frustrations due to licensing issues such as slow approval processes. Read more.
Thailand’s Leading Party Has Changed Its Mind About Outlawing Marijuana
Although Thai Prime Minister Srettha Thavisin initially campaigned on outlawing cannabis, after a meeting with certain ministers who advocated for regulation, Srettha instructed the Public Health Minister to develop a system to control marijuana use instead of making it illegal. Read more.
Italy's hemp industry is at risk due to new amendments by the government, which criminalize all hemp, including CBD products. While Poland has tightened regulations alternative to traditional pain management methods for patients with severe illnesses and PTSD, including Russian warion, sales and consumption. Read more.
Malta’s Harm-Reduction Approach to Cannabis is Working
Although public consumption of cannabis remains illegal, Malta’s harm-reduction approach to a safe and regulated market ensures that cannabis is produced and distributed under strict quality control and compliance, minimizing the risk of exposure to contaminants such as mold or heavy metals. Read more.
Events
September 29 | National Interdisciplinary Cannabis Symposium
Join Vicente partner Jennifer Cabrera at the National Interdisciplinary Cannabis Symposium on September 29, which will be held at the New York Law School. Jennifer is slated to participate in the panel The Pros and Cons of Rescheduling/De-Scheduling Marijuana at 11 a.m. ET and the Pathways for Aspiring Cannabis Lawyers panel later that day.
October 8 | Benzinga Cannabis Capital Conference
Join Vicente LLP at the Benzinga Cannabis Capital Conference in Chicago on October 8 and 9! Partners Charles Alovisetti and Sahar Ayinehsazian will discuss cannabis financing and how rescheduling cannabis affects the credit risk profile of cannabis companies during panels on October 8. Plus, partners Travis Copenhaver and Jeremy Shaw will also be in attendance. Contact us to schedule a meeting during the conference!
Meet the Team
- Shawn Hauser, Partner
- Jason Adelstone, Senior Associate
- Andrew Livingston, Director of Economics & Research
If your business needs help with legal planning, regulatory support, corporate guidance, and strategies for international expansion, or if you’d like to stay up to date on international cannabis policy, Vicente LLP’s Federal and International Law and Policy team can help. Contact us today!