Attorney Article

Will the Federal Courts Force Cannabis Out of Schedule 1?

Cannabis Business Executive

June 18, 2019

Author: Ruben Espinosa

Ruben Espinosa (Associate-White Plains) wrote “Will the Federal Courts Force Cannabis Out of Schedule 1?” which was published in Cannabis Business Executive on June 13, 2019. Ruben notes that the U.S. Court of Appeals for the Second Circuit made history by refusing to dismiss a case challenging marijuana’s status under Schedule I of the Controlled Substances Act (CSA). This decision marks the first time a lawsuit challenging the constitutionality of the CSA has survived dismissal. “This ruling is a major milestone for the cannabis industry,” says Ruben. “It demonstrates the federal court’s unwillingness to leave the legal uncertainty surrounding the Schedule I status of cannabis uncertain. It is possible this ruling will motivate the DEA to reschedule marijuana. … Regardless of the outcome, this decision has pushed the federal conversation on reclassification forward.” 

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