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You are here: Home / Archives for Controlled Substances Act

Controlled Substances Act

Banking on Cannabis: An Insider’s Guide to Banking With Marijuana-Related Businesses

December 10, 2018 by Alan Hanson Leave a Comment

Banking on Cannabis: An Insider’s Guide to Banking With Marijuana-Related Businesses

By Alan Hanson There are many articles written about the issues surrounding banking Marijuana-Related Businesses (MRBs), but there are very few that discuss how banks can actually do this. And there are even fewer written by someone who has successfully helped a bank do it! As general counsel and compliance officer for an Oregon credit union, […]

Filed Under: Banking, Finance & Real Estate Tagged With: Bank Secrecy Act, Cole Memo priorities, Controlled Substances Act, FINCEN, initial due-diligence, Legal Risk, Marijuana related businesses, on-going due-diligence, Reputational Risk, Standard Currency Transaction Reports, Suspicious Activity Reporting, The RICO Act, Third-Party Services

A Half-Banked Industry — New Cannabis Businesses Need Access To Financial Service

October 24, 2018 by Adam Crabtree Leave a Comment

A Half-Banked Industry — New Cannabis Businesses Need Access To Financial Service

By Adam Crabtree, Andrew Freedman and Crystal Good If you ever open a cannabis business, you will have this meeting: Some really big guys will contact you about your cash problem. A cash problem only they could solve. It will require unmarked, bullet-proof vans, guns, more big guys, and some special relationships with government officials. […]

Filed Under: Banking, Finance & Real Estate Tagged With: Bank Secrecy Act, Controlled Substances Act, cryptocurrency, Financial Crimes Enforcement Network (FinCEN)

Drug Enforcement Administration Newly Classifies CBD as Schedule V Controlled Substance for Epidiolex  

September 27, 2018 by Press Release 2 Comments

Drug Enforcement Administration Newly Classifies CBD as Schedule V Controlled Substance for Epidiolex  

PRESS RELEASE DENVER, CO.—Sept. 27, 2018 Without regard for clear Congressional intent, the United States Drug Enforcement Administration (DEA) continues to act contrary to the express authorizations provided for in Section 7606 of the Agricultural Act of 2014 (the “Farm Bill”) and the Ninth Circuit Court of Appeals’ order in HIA v. DEA III (April 2018). […]

Filed Under: Hemp Policy & Legal, Press Releases Tagged With: Bob Hoban, Controlled Substances Act, Drug Enforcement Administration (DEA), GW Pharmaceuticals Epidiolex, HIA v. DEA III, Hoban Law Group

CBD is Not A Controlled Substance – The “Source Rule” Applies

June 27, 2018 by Bob Hoban 1 Comment

CBD is Not A Controlled Substance – The “Source Rule” Applies

An Urgent Request from Bob Hob​an – Hoban Law Group As you may know, the Hob​an Law Group (HLG) appeared before the Ninth Circuit Court of Appeals (in February, 2018) in San Francisco – Hemp Industry Association, et al. vs. DEA (“HIA Suit”) –concerning the issue of CBD extraction from hemp, and the legality of industrial hemp, […]

Filed Under: Hemp Business Executive, Hemp Policy & Legal Tagged With: cannabinoids, Controlled Substances Act, et al. vs. DEA (“HIA Suit”), Farm Bill, Food and Drug Administration (FDA), GW Pharmaceuticals Epidiolex, Hemp Industry Association, Hob​an Law Group (HLG)

Veterans Left Off Medical Marijuana Protections Bill

June 26, 2018 by AggregatedNews Leave a Comment

Veterans Left Off Medical Marijuana Protections Bill

When Sens. Cory Gardner (R-Colo.) and Elizabeth Warren (D-Mass.) introduced legislation this month to restrain the federal government from interfering with state-legal cannabis consumption and commerce, they galvanized an all-too-rare level of bipartisan, bicameral support. Notably missing from the voices of support for their bill are America’s veterans. While the States Act would provide vital protection from federal criminal […]

Filed Under: Policy & Legal Tagged With: Controlled Substances Act, cory gardner, elizabeth warren, Legal Marijuana, marijuana bill, medical marijuana, National Institutes of Health, US Veterans, Veterans Health Administration, veterans marijuana, vets, VHA

American mayors call on federal government to ease marijuana penalties

June 12, 2018 by AggregatedNews Leave a Comment

American mayors call on federal government to ease marijuana penalties

Donald Trump has said he would likely support a measure returning authority over marijuana to states Mayors representing cities across the United States have called on the federal government to ease its prohibition on marijuana usage. Tens of millions of Americans now live in states that allow adults to purchase and possess marijuana, and medical […]

Filed Under: Policy & Legal Tagged With: Controlled Substances Act, President Trump, US Conference of Mayors

Industrial Hemp: Legalized Marijuana’s More Lucrative Sibling

June 8, 2018 by Steven Schain 1 Comment

Industrial Hemp: Legalized Marijuana’s More Lucrative Sibling

Derived from the identical plants, much easier to cultivate, and profoundly more profitable, industrial hemp lacks legalized marijuana’s glamour and intrigue. Derived from the identical plants, much easier to cultivate, and profoundly more profitable, industrial hemp lacks legalized marijuana’s glamour and intrigue. However, industrial hemp’s staggering growth and application has eclipsed that of marijuana and […]

Filed Under: Hemp Business Executive, Hemp Industry News Tagged With: Animal Feed, Brightfield Group, cannabidiol (CBD), Controlled Substances Act, Farm Bill, Hemp Industry of America v. U.S. Drug Enforcement Agency, Industrial Hemp Research Law

New Federalism Fund and American Trade Association for Cannabis and Hemp Join Forces to Form New Industry Effort

April 20, 2018 by Rob Meagher Leave a Comment

New Federalism Fund and American Trade Association for Cannabis and Hemp Join Forces to Form New Industry Effort

CBE is excited to announce the partnership of the New Federalism Fund and The American Trade Association for Cannabis and Hemp (ATACH). The below press release lays out the mission of the newly formed group and is intended to push the ball over the line to provide the Cannabis Industry with the tools it needs […]

Filed Under: Hemp Business Executive, Hemp Industry News, Policy & Legal Tagged With: 280E, ASTM International, ATACH, Controlled Substances Act, FinCEN Guidance, Michael Bronstein, Neal Levine, New Federalism Fund, Rohrabacher-Blumenauer

Schumer to introduce bill to decriminalize marijuana

April 19, 2018 by AggregatedNews Leave a Comment

Schumer to introduce bill to decriminalize marijuana

Senate Minority Leader Chuck Schumer (D-N.Y.) said on Thursday that he would introduce legislation to decriminalize marijuana at the federal level, marking a significant shift in policy for the Democratic leader and lending the movement to lower government barriers to the drug a powerful ally. The top congressional Democrat told VICE News in an interview […]

Filed Under: Policy & Legal Tagged With: Chuck Schumer, Controlled Substances Act, legislation

Look, But Don’t Touch: Big Box Stores And ‘Hemp CBD’

December 6, 2017 by Hilary Bricken Leave a Comment

Look, But Don’t Touch: Big Box Stores And ‘Hemp CBD’

Media recently reported on Target’s short-lived effort at selling cannabis-based CBD products online. By the end of the day on which the reporting was made, the major retailer had already removed the product from its website. The Phoenix New Times quoted Target spokesperson Kate Decker as saying, “We started carrying Charlotte’s Web hemp extract items last week on Target.com. After […]

Filed Under: Compliance and Regulations, Hemp Business Executive, Hemp Industry News Tagged With: and Amazon, Controlled Substances Act, Drug Enforcement Agency, Farm Bill, Groupon, Hemp Industry, new CBD rule, Ninth Circuit, Target, WalMart

Marijuana Fundraising In California: What’s In Your Private Placement Memorandums?

November 15, 2017 by Hilary Bricken 1 Comment

Marijuana Fundraising In California: What’s In Your Private Placement Memorandums?

Many of our California clients that are raising money ask us to draft or review private placement memorandums (“PPMs“) for private securities offerings in their cannabis companies and/or ancillary cannabis companies. As you would expect, investment in California cannabis businesses is at an all-time high thanks to the Medicinal and Adult Use Cannabis Regulation and Safety Act, […]

Filed Under: Cannabis Investments, Compliance and Regulations Tagged With: Controlled Substances Act, FinCEN guidelines, full disclosure, Medicinal and Adult Use Cannabis Regulation and Safety Act, private placement memorandums, Washington state

The Legal Implications Of Advertising Cannabis Across Different Media

August 22, 2017 by Jean-Paul Jassy Leave a Comment

The Legal Implications Of Advertising Cannabis Across Different Media

Placing and accepting advertisements for cannabis products is complicated.  There are different legal concerns at the federal and state levels, and different considerations for advertisements in print, broadcast, internet and other media. Federal Law No matter what laws apply at the state level, federal law cannot be ignored.  Over forty years ago, the United States […]

Filed Under: Compliance and Regulations, Policy & Legal, Retailers Tagged With: Cole Memo, Controlled Substances Act, Department of Justice (DOJ), facebook, Google, Rohrabacher-Farr amendment, Twitter, United States Supreme Court, Yahoo

National Conference of State Legislatures Urges De-Scheduling Marijuana

August 9, 2017 by Press Release Leave a Comment

National Conference of State Legislatures Urges De-Scheduling Marijuana

PRESS RELEASE BOSTON, Mass. — The National Conference of State Legislatures (NCSL) approved a resolution Monday urging that the Controlled Substances Act should be amended to remove marijuana from scheduling in order to give federally approved banks the ability to work with marijuana businesses. This would also allow states to determine their own marijuana policies […]

Filed Under: Compliance and Regulations Tagged With: Controlled Substances Act, full resolution, The National Conference of State Legislatures (NCSL)

American Legion Wants Trump to Remove Marijuana as a Schedule I Substance

May 23, 2017 by AggregatedNews 1 Comment

American Legion Wants Trump to Remove Marijuana as a Schedule I Substance

America’s largest veterans service organization has a message for President Donald Trump: Reschedule marijuana to permit research into its medical efficacy for treating vets suffering from traumatic brain injury and post-traumatic stress disorder. The appeal by the American Legion was included in a letter sent to the White House last month. The letter requests a […]

Filed Under: On the Move Tagged With: american legion marijuana, Controlled Substances Act, Donald Trump, Marijuana research, medical marijuana

DEA Mis-scheduling of Cannabis to Keep the Status Quo Ante

August 15, 2016 by Allen St. Pierre 2 Comments

Bitter sweetly, the Drug Enforcement Administration (DEA) has affirmed the woeful mis-scheduling of cannabis as a Schedule I drug after sitting on a number of multi-year old petitions (and decades of formal administrative legal challenges). Despite the existing Compassionate Investigational New Drug Program at the National Institute on Drug Abuse (NIDA) that has supplied cannabis as […]

Filed Under: Policy & Legal Tagged With: Allen St. Pierre, Controlled Substances Act, DEA, medical marijuana, NIDA, scheduling

Thinking Strategically About the Future of an Uncertain Cannabis Market

July 20, 2016 by Darren Weiss 1 Comment

Thinking Strategically About the Future of an Uncertain Cannabis Market

As the cannabis market matures, new markets and consumers are preparing to come online. We are seeing a proliferation of opportunities in the cannabis industry like never before. Not only are new cultivators, processors, and dispensaries applying for and obtaining licenses and permits, but these operators are bringing new technologies, business plans, and innovative models for […]

Filed Under: Industry News, Opinions Tagged With: Cole Memorandum, Controlled Substances Act

Cannabis Banking Issues: All Cash and Not A Lot of Protection

June 1, 2016 by Steven Schain Leave a Comment

Cannabis Banking Issues: All Cash and Not A Lot of Protection

By Steven Schain Ever accidentally find $5.4 billion of cash in your back pocket? The cannabis industry did in 2015, after virtually no bank would accept ­legalized marijuana sales deposits. Instead, because the Comprehensive Drug Abuse Prevention and Control Act, 21 U.S.C. Section 801, Et. Seq (1970) (Controlled Substance Act), prohibits “manufacture, distribution, and ­dispensation” […]

Filed Under: Banking, Finance & Real Estate Tagged With: Bank Secrecy Act, Cannabis Banking, Comprehensive Drug Abuse Prevention and Control Act, Controlled Substances Act, Currency and Foreign Transactions Reporting Act, FINCEN

When Is a Democracy Really Just a Dictatorship?

May 2, 2016 by Mark Goldfogel Leave a Comment

When Is a Democracy Really Just a Dictatorship?

By Mark Goldfogel Civics class in junior high school taught me that a democracy is a government that reflects the will of the people. The majority of the people, not any individual’s ideology, is supposed to drive our country. There are 24 states and the District of Columbia now in violation of the Controlled Substances Act, […]

Filed Under: Banking, Finance & Real Estate Tagged With: Bob Goodlatte, Controlled Substances Act, democracy, Ed Perlmutter, Jeb Hensarling, Marijuana Business Access to Banking Act, Pete Sessions

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