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DOJ Confirms that “Magic Mushroom” Spores are Legal Under Federal Law

January 22, 2024 By Lauren Mendelsohn   In a letter dated January 2, 2024, an agent at the United States Department of Justice (“DOJ”) confirmed that “magic mushroom” spores are legal under US Federal law and are not controlled substances under the Controlled Substances Act (“CSA”) – at least while they […]

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California Attorney General Issues Legal Opinion on Interstate Cannabis Commerce

by Omar Figueroa December 21, 2023   On December 19, 2023, California Attorney General Rob Bonta issued a legal opinion addressing the question of whether an agreement between California and out-of-state licensees would result in significant legal risk to the State of California and its officials under the federal Controlled […]

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U.S. Department of Health and Human Services (HHS) Recommends that Cannabis Be Rescheduled to Schedule III Under Federal Law

by Omar Figueroa and Lauren Mendelsohn August 30, 2023 The U.S. Department of Health and Human Services (HHS) is suggesting that cannabis should be reclassified from Schedule I to Schedule III under federal law. This significant shift reflects the view that cannabis no longer has a high potential for abuse […]

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Can Foreign Nationals Invest in New York’s Cannabis Market?

By Andrew Kingsdale May 17, 2023 New York State’s cannabis market offers numerous opportunities for entrepreneurs and consumers alike, but legal restrictions apply.  This post summarizes the statutory restrictions on foreign nationals interested in applying for a cannabis license or investing in a licensed cannabis business. In general, foreign nationals […]

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Application Form for Federal Marijuana Pardon Certificates Now Available

by Omar Figueroa March 3, 2023 On March 3, 2023, the United States Department of Justice announced that those pardoned under the October 6, 2022 proclamation by President Biden could now apply to receive a certificate of proof of pardon:   Today, the Justice Department is launching an application for […]

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California Seeks Formal Opinion Regarding Interstate Cannabis Commerce

Department of Cannabis Control asks State Attorney General for Opinion Regarding Commercial Cannabis Activity Between California and Out-of-State Licensees By Omar Figueroa and Lauren Mendelsohn January 30, 2023 On January 27, 2023, the California Department of Cannabis Control (DCC) sent a letter to the State Attorney General’s Opinion Unit seeking […]

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DEA Confirms that Cannabis Seeds, Tissue Culture, and Other Genetic Material Are Not Necessarily Controlled under the CSA

by Omar Figueroa December 21, 2022     The Drug Enforcement Administration (DEA) has confirmed that any seed, tissue culture, or other genetic material is not controlled under the Controlled Substances Act (CSA) as long as it has less than 0.3% of delta-9-THC. Specifically, on December 20, 2022, the DEA […]

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