Will the United States Attorney General, via the U.S. Drug Enforcement Administration (“DEA”) follow the recent recommendation of the U.S. Department of Health
and Human Services (“HHS”) to reschedule cannabis to Schedule III? The plain language in the United States Controlled Substances Act (the “CSA”) compels DEA to do so, but there is speculation that the DEA could disregard the last week’s historic HHS Recommendation because of the Attorney General’s limited duty under Section 811(d)(1) of the CSA.… More
Category Archives: DEA
The Cannabis Rescheduling Recommendation: What it Means and What’s Next
In light of the August 30, 2023 historic recommendation from the U.S. Department of Health and Human Services (HHS) to reschedule cannabis to Schedule III, a multidisciplinary group of attorneys from Foley Hoag’s nationwide Cannabis practice provides the following outlook and analysis of what’s next:
Rescheduling Q&A
1) What happened?
The U.S. Department of Health and Human Services (HHS) made a recommendation to the U.S.… More
DEA Weighs In On Hemp Derived Intoxicating Cannabinoids
The U.S. Drug Enforcement Agency (“DEA”) identified this week that it considers certain types of novel cannabinoids to be federally illegal schedule I substances, even if they were derived from hemp.
As many are aware, the legality of hemp-derived products often spurs more questions than answers. Moreover, intoxicating cannabinoids are not alone in that regard, as the U.S. Food & Drug Administration (“FDA”) just recently concluded that existing regulatory frameworks for foods and supplements are not appropriate for cannabidiol (CBD),… More