As previously discussed by Foley Hoag’s attorneys in its Cannabis practice, a rescheduling of cannabis from a Schedule I Controlled Substance to a Schedule III Controlled Substance will provide cannabis businesses with the ability to claim tax deductions and a host of other potential benefits, but it most likely will not open the courthouse doors for federal bankruptcy protection absent participation in other regulatory regimes like DEA registration.… More
Tag Archives: Schedule III
Between a Rock and a Hard Place: Rescheduling and the UN Single Convention on Narcotics
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
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