Legal Opinions is a compilation of expert knowledge on a variety of topics. Written by attorneys, all of whom are highly educated on their featured topic, this special report is a valuable resource for executives. Nevada Business Magazine has been publishing this special feature since 2014.
Articles in the 2021 edition of Legal Opinions cover a gamut of professional issues and each provides business leaders with a glimpse into complex legal issues.
By: Alicia Ashcraft, Partner and Jeffrey Barr, Partner, Armstrong Teasdale
Cannabis has been federally illegal since 1970 when Congress placed marijuana on schedule I of the list of controlled substances. A schedule I substance has a “high potential for abuse,” has “no currently accepted medical use” and has “a lack of accepted safety for use.” Other schedule I substances include LSD and PCP. Despite a report as early as 1972 from
the National Commission on Marijuana and Drug Abuse recommending decriminalization, cannabis has remained on schedule I to this day. In the last decade, however, cannabis legalization has progressed rapidly in the states. Currently, 19 states have legalized the recreational use of cannabis, and 36 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands permit medical use. Despite the federal prohibition, a majority of Americans live in states where some form of legal cannabis use is permitted.
In the U.S. Congress, by contrast, cannabis legalization attempts have always stalled. Over the years, the U.S. House of Representatives proposed a few bills, which largely failed either to receive bipartisan support or to pass in the U.S. Senate. The U.S. Senate had never proposed a bill to end the federal prohibition—and that may be about to change.
On July 14, 2021, Senators Charles