Learn More

Archive

International Narcotics Control Board’s Use of “May” in 2023 Report Hints at Evolving Global Cannabis Stance

By Jason Adelstone
Mar 21, 2024

The International Narcotics Control Board (INCB) may be taking a more measured approach to cannabis. In their 2023 report, INCB used the word "may" when discussing potential inconsistencies between US state legalization and international treaties. This subtle shift in language suggests a more open-minded approach. This blog post explores the significance of this change in the report’s language and what it might mean for the future of global cannabis legalization.

International Cannabis Update: Germany Joins Malta and Luxembourg in Liberalizing Marijuana Policy

By Jason Adelstone
Feb 27, 2024

Germany's recent enactment of a marijuana decriminalization bill marks a significant development in European drug policy. While falling short of full legalization, the new law allows for decriminalized possession, home cultivation, and participation in cannabis clubs. This blog post provides a concise overview of the new legislation, its potential impact, and its wider implications for the evolving European cannabis landscape.

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.

A Potential Breakthrough for Psychedelic Treatments: Ninth Circuit Court Ruling on Psilocybin Rescheduling

By Jason Adelstone
Dec 7, 2023

On October 27, 2023, the Ninth Circuit Court of Appeals, in Aggarwal v. DEA, held that the U.S. Drug Enforcement Agency (DEA) must reconsider its denial of a petition to transfer psilocybin, the active ingredient in “magic mushrooms” from Schedule I to Schedule II. Read this Insights post for more information about the Ninth Circuit Court’s order to reschedule psilocybin.

Top Five Countries to Watch for International Cannabis Reform in 2024

By Jason Adelstone
Nov 6, 2023

While the cannabis industry in the United States awaits a marijuana scheduling decision from the DEA, many countries around the world continue to move forward with liberalizing their cannabis policies as a superior method of promoting the health and welfare of their citizens. In this blog post, we’ll take a closer look at five countries poised to make waves in the cannabis landscape in 2024, including Germany, Thailand, Colombia, the Czech Republic, and Switzerland.

The Duality of Cannabis Regulation According to the International Narcotics Control Board: A Response to the Report of the INCB for 2022

By Jason Adelstone
Mar 15, 2023

In its 2022 report, the International Narcotics Control Board (INCB) argues that legalizing the non-medical and non-scientific use of cannabis has failed to achieve the benefits to society that were intended through such legalization. In its attempt to deliver evidence of this failure, INCB instead provides ample evidence to the contrary—that legalization and regulation work. Read this insight for Vicente LLP’s response to the annual report of the INCB.

Raising Private Capital in the Cannabis Industry

By Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian
Sep 29, 2022

Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian write for the Bloomberg Law, reflecting on the challenges and journey of raising private capital in the cannabis industry

What is a Cannabis REIT?

By Charles Alovisetti, Cassia Furman
Apr 23, 2021

To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.

Exploring Alternatives to Bankruptcy for Cannabis Businesses

By Charles Alovisetti, Phil Silverman, Jason Adelstone
Apr 17, 2020

Bankruptcy law provides advantages for financially distressed companies to restructure debt while continuing to operate. Without access to U.S. Bankruptcy Code protections, marijuana companies must turn to out-of-court restructurings and state law insolvency proceedings.

Blue Sky Laws and the Cannabis Industry

By Charles S. Alovisetti, Partner
Oct 7, 2019

In addition to federal securities laws, each state and territory has its own securities laws, often referred to as blue sky laws. Cannabis company compliance with these rules may be more important due to heightened regulatory scrutiny.

Can Hemp Companies Declare Bankruptcy?

By Charles S. Alovisetti, Partner; Phil Silverman, Counsel; Jason Adelstone, Law Clerk
Sep 27, 2019

One of the many issues arising out of the tension between state and federal law in the cannabis industry is whether cannabis companies can access the protections of federal bankruptcy law.