STATEMENT OF THE INTERNATIONAL CANNABIS BAR ASSOCIATION REGARDING DEA’S PROPOSAL TO RESCHEDULE CANNABIS TO SCHEDULE III

"INCBA commends President Biden for leading the push to move marijuana from Schedule I to Schedule III. This is a historic turning point that marks the most significant progress in the national cannabis legalization movement to date. This move marks a crucial step towards harmonizing federal law with states and the will of the majority of Americans that continue to call for cannabis legalization. By taking this critical step, we can begin to foster a cohesive national regulatory landscape and a sustainable cannabis industry.

The decision will eliminate the unfair tax burdens imposed on state-regulated cannabis operators and could pave the way for greater access to financial services and resources to build a sustainable industry and improve access to safe and effective plant medicine. In recognizing cannabis’ therapeutic benefits and revisiting unfounded narratives surrounding its purported harm, HHS and DEA have dealt a major blow to the stigma that has justified cannabis prohibition and made a clear break with the War On Drugs approach to cannabis marked by the unjust imprisonment of thousands and dramatically disproportionate enforcement against communities of color.

Indeed, while this is a landmark moment, much work still lies ahead. We urge cannabis activists and industry participants alike to actively support DEA’s proposal against the modern-day prohibitionists who will fight aggressively to ensure that the proposal never becomes law. We also urge federal lawmakers to seize this moment and work towards comprehensive reform that ends and redresses the harm of prohibition, creates a sensible and cohesive regulatory framework with a pathway for continued access to safe and regulated cannabis.

We express deep appreciation to everyone who has tirelessly fought for change, from the movement’s founders to the new leaders championing meaningful reform. You’ve brought medicine to patients, freed the imprisoned, fought to heal our veterans, and called for restoration of communities. It is only through your dedication and perseverance that we have gotten this far, and it is only with you that we will see the end of prohibition. INCBA is proud of the roles that its members have played in this movement and of the great work they will be doing to support its cause in the days and years to come.”

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Is Cannabis Now Legal in Mexico? Answers here…

First, thanks so much to my friend and Mexico City attorney Elias Lisbona Jassán of Perez Ferrer Abogados , who co-authored this piece with me, David Feldman . To answer the question in the headline, I think the legal term is “sort of.” This topic, of course, is important not only for the 120 million folks living in Mexico but for all of us in the rest of North America. It also portends where things might be headed in the rest of this hemisphere, and increases pressure on US lawmakers and leaders to consider further action if Mexico were to join Canada with full adult-use legalization. In addition, it enhances the hope of many to create multilateral trade in cannabis once the US moves to legalize it. How did we get here? For those who have not focused much on the developments in Mexico, let’s review the timeline in order. • Cannabis became illegal in Mexico in 1920. Interestingly, for just four months in 1940, cannabis became “legal,” when then-President Lázaro Cárdenas enacted r...

Cannabis Branding: On the Edge of the Metaverse

Photo by julien Tromeur on Unsplash Branding in the Metaverse is all the rage. In the last three months alone, well-known brands like Nike, Converse, New Balance, Vineyard Vines, Tahari, Anthropologie, Hollister, Abercrombie & Fitch, and, even Walmart, have all filed applications with the United States Patent and Trademark Office for intent-to-use trademarks in connection with “digital goods;”# opportunistic filings by individuals not affiliated with name brands have appeared in Classes 9, 35, and 41# for both PRADA and GUCCI; and Metaverse Law, a clever California law firm has been diligently going through the motions in their attempt to trademark the very word on everyone’s lips. But what is Metaverse, and why should you, the owner of the expertly cultivated flower brand, or producer of the most delicately infused edibles care? Metaverse is a virtual world meant to support decentralized, persistent three-dimensional environments, and accessible by anyone with a smart phone,...

INCBA Europe Conference at CB Expo in Zurich 2022 – a great success!

On the weekend of September 10th, INCBA hosted the first ever Conference for Cannabis Lawyers in Europe at the CB Expo. Over the course of two days, seventeen attorneys from Europe and the US presented seven sessions on the main legal issues facing the European cannabis market. Topics included the principle of free movement of hemp and cannabis products within the EU, the legal classification of CBD products as food or cosmetics, contractual aspects of importing cannabis products into the EU, the legal hurdles in the legalization of recreational cannabis, and much more. The active and participatory audience included both lawyers as well as interested entrepreneurs who could take away valuable insights for their businesses. In addition to the unparalleled education, there was plenty of networking to be found, including the social reception at Cannavigia sponsored by INCBA on the eve of the conference, at the after-party of the conference itself, or at the closing dinner with INCBA...

Illinois Governor J.B. Pritzker Set to Deliver Keynote Speech at INCBA Cannabis Law Institute 2024, Alongside Other Industry Leaders

Chicago, IL – July 10, 2024 – The International Cannabis Bar Association (INCBA) announced today that the Cannabis Law Institute sm (CLI 2024) will feature Illinois Governor J.B. Pritzker as the keynote speaker on Thursday July 25th. The event is scheduled to take place on July 25-26, 2024, at the Northwestern University Pritzker School of Law in Chicago, Illinois. CLI 2024 aims to provide critical insights for law professionals, particularly in light of federal rescheduling in the cannabis industry. Governor J.B. Pritzker is recognized for signing House Bill 1438, the nation's most equity-centric law legalizing adult-use cannabis. This initiative positioned Illinois as the first state to fully legalize adult-use cannabis through legislation and serves as a model for the legalization and decriminalization of cannabis nationwide. “It is a great honor to have the Governor deliver the keynote speech at CLI 2024,” said Jason Horst, President of the INCBA. “Governor Pritzker's l...

INCBA Statement on Recriminalization of Hemp in the United States

For immediate release November 20, 2025 Last week, after the longest shutdown in US history, Congress re-opened the federal government after passing the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 . One effect of the bill is to recriminalize hemp-related activity previously made lawful under the 2018 Farm Bill by banning most hemp products that contain THC and other hemp-derived cannabinoids. The International Cannabis Bar Association (INCBA) recognizes that this new law will have a significant impact on the legal work of its attorney members and the businesses of their clients, in addition to the ongoing challenges to the cannabis industry as a whole and is prepared to meet the moment head on.  The legislative language requires, among other things, that upon the one-year anniversary of its enactment the definition of “hemp” will change to encompass total THC—including delta-9, delta-8...

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