Controlled Substance Act Archives - Page 2 of 2

Frank A. Segall, Scott H. Moskol, and Max M. Borg —

Whether you are a plant-touching operator or an ancillary business, lender, or investor, Blank Rome’s Cannabis Industry Insights blog is your go-to resource for the cannabis industry.

Authored by our trailblazing Cannabis practice attorneys, the Cannabis Industry Insights blog explores the rapidly evolving legal, regulatory, and business landscape, helping those in the sector stay ahead of the curve and seize industry opportunities. Our cannabis team was one of the first in the United States to utilize its extensive corporate and finance experience to support the cannabis industry, and has received numerous accolades, including Law360’s prestigious 2023 Cannabis Practice Group of the Year.

Through our blog, we will continue to explore issues that directly impact the cannabis industry. With the announcement of the rescheduling of cannabis from Schedule 1 to Schedule 3 under the Controlled Substance Act, we are optimistic about new and expanding opportunities for industry players. In addition to interviews with industry leaders, the blog will cover such topics as the impact of rescheduling on 280E taxation; legal and regulatory compliance concerns; the landscape for mergers and acquisitions; legislative efforts; banking, insurance, and other business issues; capital markets; workouts and restructurings impacting the industry; the growing importance of e-commerce, fintech, and regtech; debt and equity financings; labor and employment issues in light of unionization efforts; data privacy and security; and employee stock ownership plans (“ESOPs”); among other areas that are relevant to the underpinnings of the industry.

Our goal is to help cannabis businesses survive and thrive in this highly regulated environment, as well as to assist new participants in entering this exciting industry. Subscribe below to receive our timely content:

Gustav Stickley V —

Advocates of the cannabis industry are understandably excited over the Drug Enforcement Administration’s (“DEA”) recent publication of its proposed rule to reschedule marijuana as a Schedule III controlled substance under the Controlled Substances Act (“CSA”). However, the proposed rule is subject to the due process required by the federal rulemaking regime and will not be officially implemented (if at all) for at least a couple of months, possibly longer. Below we set forth the current timeline of the rulemaking process.

Further, it is helpful to understand what exactly is being rescheduled. We know there are hundreds of cannabinoids, derived from both hemp and from cannabis, and there are manufacturing processes allowing for the creation of synthetic tetrahydrocannabinol (“THC”) and other synthetic cannabinoids. So what’s being rescheduled as Schedule III? We will discuss this below.