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INSIGHT: Will the DEA’s Marijuana Rulemaking Authority Go Up in Smoke in the Second Circuit?

Bloomberg Law

July 15, 2019

Authors: Neil M. Willner, Ruben Espinosa

Neil Willner (Associate-White Plains) and Ruben Espinosa (Associate-White Plains) collaborated on an article in the July 15, 2019, edition of Bloomberg Law titled “Will the DEA’s Marijuana Rulemaking Authority Go Up in Smoke in the Second Circuit?” Reviving a challenge to the federal government’s classification of marijuana as a controlled substance, the Second Circuit in Washington v. Barr recently chastised the DEA’s notoriously slow review process and retained jurisdiction to facilitate the possible rescheduling of marijuana on its own. Neil and Ruben note that “Regardless of the outcome, this important court decision continues to push the federal conversation on marijuana reclassification forward.” 

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