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Cannabis Legal News Updates
Hourly and around the clock, the National Law Review's editors screen and classify breaking biotech, food, and drug law news and analysis authored by recognized legal professionals and our own journalists.
Cannabis, and in particular federal cannabis legalization, has become a hot-button issue in the last several years. Read on below to find the most recent legal news updates related to cannabis regulations, rulemaking, and legalization at the state and federal level.
In-house attorneys looking for a better way to organize, vet, and easily retrieve legal news created the National Law Review online edition.
There is no log-in to access the database and new articles are added hourly.
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The FDA Wants To Reschedule Cannabis. Does That Mean All Employees Can Soon Legally Use It?
On May 21, 2024, the Drug Enforcement Agency (DEA) issued a notice of proposed rulemaking indicating that the U.S Food and Drug Administration (FDA) intends to transfer marijuana from Schedule I to Schedule II of the Controlled Substances Act (CSA). This notice is consistent with opinions from the Department of Health and Human Services (HHS) acknowledging that marijuana has currently accepted medical uses as well as HHS’s views about marijuana’s abuse potential and level of physical or psychological dependence. But assuming that the proposed rescheduling goes through, does that mean that cannabis is now federally legal, leaving employees free to consume cannabis like any other legal substances such as alcohol?
More on Federal Cannabis Rescheduling Here >
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Proposed Cannabis Reschedule Sidesteps State Law Effects
On May 21, 2024, the U.S. Department of Justice’s proposed rules to move marijuana to Schedule III of the Controlled Substances Act were published in the Federal Register. Public comments will be solicited for 60 days from that date, and hearings will be scheduled before final rules are adopted.
Despite widespread media reports heralding the “game-changing” nature of this development, the DOJ’s proposed rulemaking leaves the cannabis industry with more questions than answers.
More on Federal and State Cannabis Law Conflict Here >
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Minnesota Will Allow Oral Fluid Testing For Drugs, Cannabis and Alcohol
Minnesota will amend its drug testing law to permit oral fluid testing for drugs, cannabis and alcohol, effective August 1, 2024.
The Drug and Alcohol Testing in the Workplace Act (“DATWA”) currently requires employers who conduct drug and alcohol testing to use specific certified laboratories and to permit confirmatory re-testing after an applicant or employee tests positive. Under the new provision, oral fluid testing will be permitted for drugs, cannabis, and alcohol, and will not require the services of a testing laboratory. Moreover, employers will not be required to follow the written notice requirements for positive and negative test results and the right to confirmatory re-testing that DATWA requires for other types of drug and alcohol tests.
More on the Minnesota Drug Testing Amendment Here >
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New Jersey Takes a “Trip” Towards Therapeutic Psilocybin: Just Don’t Pack Your Bags Yet!
The recent legislative developments in New Jersey surrounding psilocybin mark a significant shift in approach, including making New Jersey one of the few states, along with Oregon and Colorado, to permit therapeutic psilocybin use. However, the legislation focusses on therapeutic access rather than broader decriminalization.
S.2283, the bill, sponsored by Senate President Nick Scutari, was initially introduced with provisions similar to those proposed in the last session, which included broader personal use and cultivation rights. However, later amendments pivoted towards a more controlled framework, removing earlier provisions that permitted general adult possession and use.
More on State Psilocybin Legalization Here >
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