Archive

The DEA’s Scheduling of Marijuana: What Happens After the DEA Publishes Its Rule?

By Jason Adelstone
Jan 30, 2024

On August 29, 2023, the Department of Health and Human Services (“HHS”) sent the Drug Enforcement Administration (“DEA”) its recommendation to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”). Since then, the marijuana industry has waited in suspense for the DEA to make the final call as to what schedule marijuana will be placed. Read this Insights post that outlines the complex process of marijuana rescheduling in the US and outlines the key steps involved, from rule publication to review and final rule, emphasizing the critical role of stakeholder engagement in securing a Schedule III classification.

US Officially Recognizes Medical Use and Safety of Cannabis: The Top 6 Things to Know About Schedule III and the Process Ahead

By Shawn Hauser
Aug 31, 2023

The federal government formally acknowledged the medical use and low potential of abuse for cannabis, with the US Department of Health and Human Services recommending that cannabis be rescheduled to Schedule III under the Controlled Substances Act. While placement in Schedule III still criminalizes commercial cannabis activity at the federal level, it is a significant step on the path to ending prohibition. This rescheduling would eliminate the application of 280E tax penalties, reduce the level of criminal liability for cannabis-related activity, reduce barriers to research, legitimize the industry through gaining credibility and engagement by physicians and the medical community, and support a growing industry for the American economy.

Where Does the Texas Hemp Industry Go After the 2023 Legislative Session?

By Katelin Edwards, Andrea Golan
Aug 1, 2023

Between an unfavorable court ruling and an uninspiring 2021 legislative session, not to mention a major drought impacting all Texas crops, things were not looking good for hemp in Texas going into the 2023 legislative session. Then, many of the promising bills introduced in the 2023 legislative session were unsuccessful. Where does the Texas hemp market go from here? Read this article for four predictions from Vicente's hemp team.

President Biden's Cannabis Scheduling Directive: Part 3

By Shane Pennington
Nov 9, 2022

What outcomes are possible from the impending administrative process to reconsider cannabis’s schedule I status? What are the implications of those various possible outcomes? And how should we all proceed in light of it all?

President Biden's Cannabis Scheduling Directive: Part 2

By Shane Pennington
Oct 21, 2022

To appreciate the gravity of the President’s scheduling directive and what could happen next, you need to understand (1) how the administrative process the President has set in motion will actually work and (2) how the agencies in charge have used it to affirm and reaffirm cannabis’s schedule I1 status repeatedly throughout the Comprehensive Drug Abuse Prevention and Control Act of 1970’s (“CSA”) history. Those topics are covered in this article. 

The Battle to Allow Smokable Hemp in Texas

By Shane Pennington
Sep 13, 2021

Texas has allowed hemp cultivation and state-based manufacturing, distribution, and retail sale of hemp and consumable hemp products since 2019—but only if the products weren’t intended for smoking. This prohibition on a product with such high value for hemp farmers—and soaring consumer demand—was sure to make waves.

sxsw

Aug 25, 2021

Vote for the panel "Sue 'n the DEA: Breaking the 50-Year NIDA Monopoly," featuring Shane Pennington to be included in SXSW 2022!

What’s Next for Texas Hemp?

By Shawn Hauser
May 19, 2020

With its incredible farming communities, over 100 million acres of farmland, and large manufacturing and research infrastructure, Texas is poised to play a significant role in the U.S. hemp industry.