Navigating the New Authorized Panorama: The Impression of Loper Vivid on Federal Marijuana Rescheduling
By Jean Smith-Gonnell and Dascher Pasco
Federal marijuana rescheduling has been a subject of dialog within the marijuana trade since President Biden's assertion requesting that the secretary of well being and human providers (HHS) and the lawyer normal (AG) “start the executive course of to shortly overview how marijuana is regulated underneath federal regulation.”[1] Nevertheless, the current resolution of the Supreme Courtroom overturned the Chevron doctrine provides a further layer to an already sophisticated course of. Whereas the precise impression of Loper Vivid Enterprises v. Raymond[2] on the hashish trade stays to be seen, this text explores the way it could have an effect on the pending rescheduling.
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Rescheduling and Leisure Marijuana: Attainable Step In the direction of Nationwide Legalization?
By Jean Smith-Gonnell and Michael Lafleur
Revealed in Reuters on July 2, 2024.
On Could 16, 2024, the Division of Justice (DOJ) revealed its Discover of Proposed Rulemaking (NPRM) associated to the switch of marijuana from schedule I of the Managed Substances Act (CSA) to Schedule III, in accordance with the advice supplied by the Division of Well being and Human Providers (HHS) in August 2023. The CSA requires that the rescheduling should be carried out via a proper technique of regulation and public feedback ranging from 60 days from the date of publication within the Federal Register.
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The trail and politics of marijuana laws: State progress and future instructions
By Jean Smith-Gonnell and Gina Hitchman*
I. In the present day's marijuana panorama
Regardless of the continued federal classification of marijuana as a Schedule I managed substance,[1] 26 states and the District of Columbia have handed legal guidelines that at the least partially decriminalize marijuana possession and leisure use.[2] Most People now reside in states the place marijuana is authorized for leisure use,[3] and practically three-quarters of People reside in states which have legalized marijuana on the market and leisure or medical use.[4] At present, 14 states have legalized medical use solely,[5] whereas 24 states and the District of Columbia have carried out regulatory schemes for medical and leisure use.[6] Of the remaining 12 states the place marijuana continues to be unlawful, possession is decriminalized in two states.[7] The map beneath illustrates these classes.[8]
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