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Federal Cannabis Legalization Isn’t Here Just Yet

Canna Law Blog

Our firm has been representing businesses in the space for many years before that, in states with more mature licensing programs. One of the most common mistakes we see in new cannabis markets is businesses that rely too much on federal legalization happening. Even if HHS makes a recommendation, DEA is not required to listen.

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DEA Letter – Delta 8 THC derived from hemp is not a controlled substance

Cannabis Life Network

In a recently obtained letter, the DEA clarified its position on hemp-derived Delta 8 THC. As long as the product is hemp-derived and doesn’t contain Delta 9 THC, it’s legal. Delta 8 THC made from hemp is legal […]. The Delta 8 THC industry can breathe a little easier, so long as they are using hemp.

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F the Treaties: Rescheduling and “Marijuana-Specific Controls”

Canna Law Blog

The Drug Enforcement Administration (DEA) published its Notice of Proposed Rulemaking (“NOPR”) last week to much fanfare. In my very quick analysis after the rule dropped, I flagged DEA’s statement that it may develop “marijuana-specific controls” in conjunction with rescheduling. Marijuana-specific controls in schedule III?

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Yesterday’s Marijuana Rescheduling News, Explained

Canna Law Blog

I take issue with some of the headlines , so here’s mine: “DEA Reportedly Agrees to Initiate Proposed Rulemaking to Reschedule Marijuana…”. I mentioned above that DEA “reportedly” has agreed to follow the HHS proposal. The very next step will be for DEA to confirm that reporting. What’s the next step? Someone is likely to sue.

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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.

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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.

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Are Cannabis Churches Legal?

Canna Law Blog

Naturally, I want to answer a similar question here: are cannabis churches legal? The answer is that they are basically “legal” in the same sense that cannabis businesses are legal: they violate federal law but can comply with state law if licensed. Are cannabis churches federally legal? Let’s break it down.