article thumbnail

Enforcement or Compliance

Canna Law Blog

The issue of enforcement or compliance is probably the biggest one most states face at the policy level. Today, we’ll look at the argument that a compliance focus is better than an enforcement focus. Despite all of this, some folks seem to think that prohibition and compliance is still the answer. compliance tradeoff.

article thumbnail

FDA Approves CBD-Containing Drug - Will the DEA Finally Step Up?

MJ Business Attorneys

Moreover, the ball is in the Drug Enforcement Agency’s (DEA) court. The FDA can make recommendations to the DEA about substances subjected to scheduling under the CSA, but the DEA is the entity with the power to reschedule CBD. Mr. Feldmann is a trusted advisor for marijuana businesses.

DEA 113
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Cannabis Company Basics: Compliance is Key

Canna Law Blog

The inevitability of enforcement actions, civil penalties, loss of licensure, and even potentially criminal liability (depending on the nature of the violation) mean that cannabis businesses must get in the mindset of compliance. The point is that compliance means more than just not engaging in criminal or openly unlawful conduct.

article thumbnail

Here We Go! Feds Sue California for Cannabis Business Records

Canna Law Blog

State legal cannabis businesses are used to the specter of the federal government in the rear view mirrors of their lives and businesses. In the January subpoena (which is standard and boilerplate), the DEA wrote that “the information sought. And that is what made last week’s new so interesting.

DEA 98
article thumbnail

From DEA to Legal Cannabis: Charles Feldmann Weighs In

CannaTech

a managing partner at Denver-headquartered Feldmann Nagel Cantafio Margulis Gonnell PLLC, where he serves as an adviser to the cannabis industry’s largest and most profitable businesses. As a Marine Corps federal prosecutor, DEA Drug Task Force Commander and state narcotics prosecutor, Charles spent many years engaged in the War on Drugs.

DEA 80
article thumbnail

Deschedule Cannabis, Don’t Reschedule It: Part 2

Canna Law Blog

As I noted, rescheduling cannabis to schedule II or below is a bad idea, because it would subject cannabis to DEA regulations similar to prescription drugs. I want to devote this post to exploring the serious tax implications on cannabis businesses if the federal government rescheduled cannabis on schedule II specifically.

DEA 95
article thumbnail

Marijuana as Schedule III: Woe is Me?

Canna Law Blog

Many people in the cannabis industry are convinced that this HHS recommendation to the Drug Enforcement Administration (DEA) means that the DEA will undertake this rescheduling (and fairly quickly, too–which would be a huge departure from its refusal to reschedule back in 2016). Just my two cents; feel free to disagree.