CONTROLLED SUBSTANCES AND REGULATORY LAW DEPARTMENT UPDATE – FEBRUARY 2023

 

 

 

 

 

Ansell Files Amicus Curiae Brief In Support Of De-Scheduling Psilocybin

Ansell Grimm & Aaron, PC once again proudly joins the National Organization for the Reform of Marijuana Laws (“NORML”) in securing access for patients, especially veterans, to the scientifically established medicinal benefits of psilocybin. Americans waited a half-century before gaining access to medicinal cannabis while the federal government continues to pursue a racist agenda in the face of legalization in nearly 40 states. History must not repeat itself. The federal government must stop interfering in the doctor-patient relationship.

In furtherance of this objective, Firm attorneys Joshua S. Bauchner, head of the Controlled Substances and Regulatory Law Practice Group, and Rahool Patel served as the principal authors of a pro-bono amicus curiae brief on behalf of NORML in support of Petitioners in Dr. Sunil Aggarwal, MD, PhD; Advanced Integrative Medical Science Institute, PLLC v. U.S. Drug Enforcement Administration; Anne Milgram in Her Official Capacity as Administrator of the U.S. Drug Enforcement Administration; and Merrick Garland in His Official Capacity as Attorney General, No. 22-178, in the United States Court of Appeals for the Ninth Circuit.  A copy of the brief may be found here.

In summary, the brief cautions the federal government against allowing history to repeat itself, providing an historical account of NORML’s efforts to decriminalize cannabis for medicinal purposes for the past half-century and the never-ending efforts of the federal government to delay, resist, and obstruct the progress of science and medicine.  While the federal government is unlikely to learn any lessons from the past, NORML hopes that the Court will acknowledge and heed the legal and procedural lessons learned from those past administrative petition litigations so that innocent dying patients – who are the true victims of the government’s misbehavior – are not denied readily available medicine.

NORML’s mission is to move public opinion sufficiently to legalize the responsible use of marijuana by adults, and to serve as an advocate for consumers to assure they have access to high quality marijuana that is safe, convenient and affordable.

The Firm previously filed a pro-bono amicus brief in the United States Supreme Court in the matter of Washington v. Barr, on behalf of several non-profit organizations representing former national and international professional athletes in support of a constitutional challenge to the federal government’s continued refusal to remove marijuana from Schedule I of the Controlled Substances Act, even though millions of Americans use marijuana on a regular basis to manage debilitating health conditions in accordance with State, territorial, and local laws. Unfortunately, with the passing of Justice Ginsberg, petitioners were unable to secure the four votes necessary to secure review.

Ansell Celebrates Five-Year Anniversary of the New Jersey Cannabis Symposium

In honor of the first-ever New Jersey Cannabis Symposium, which was held on January 26, 2018, which recently celebrated its fifth anniversary, Ansell Grimm & Arron, PC is proud to acknowledge the many milestones of success and rapid growth and development, particularly with respect to licensure, since that fateful night. Many have since held meetings and events promoting cannabis decriminalization and legalization in the State, but none have replicated the energy and enthusiasm on display that night.

Nearly 1,000 people interested in taking a role in the legal adult use cannabis industry attended the NJ Cannabis Symposium at the New Jersey Performing Arts Center that night.  Media coverage of the event was extensive with reports appearing on New York’s NBC and ABC affiliates, on FIOS1 News, in NJBiz.com, and on NPR and Good Morning America.

As Ansell Partner Joshua S. Bauchner then told the Asbury Park Press, “The time is now. If you’re starting today or tomorrow, you need to ramp up. There’s a tremendous amount of work to be done before we get to the actual filing of the licenses – getting your team together, getting your capital, finding your space, figuring out your banking.” Bauchner, a featured speaker at the Symposium, leads Ansell’s Controlled Substances and Regulatory Law Practice Group which also co-hosted the Symposium alongside the BSC GroupLongview StrategicMarcum LLP, and the New Jersey Cannabusiness Association.

Since that time, including the passage of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”), the Firm continues to provide guidance to prospective business owners hoping to traverse the ever-changing landscape of recreational cannabis in areas including licensing, intellectual property, employment rights and municipal zoning and approval. Indeed, nearly 1,100 dispensary, manufacturing and cultivation licenses have been awarded to date.

About Ansell Grimm & Aaron, PC

Ansell Grimm & Aaron, PC was founded in 1929 and has a long history of delivering for clients who come to us to resolve legal matters that are often urgent, stressful, and of great importance. A general practice law firm, Ansell Grimm & Aaron is powered by experienced attorneys who understand that the best outcome is the one that serves the needs of each client.

Ansell’s dedicated Controlled Substances & Regulatory Law Practice Group has an in-depth understanding of the laws related to the production, sale, use, regulation and legalization of controlled substances, including:  hemp, cannabis, and psychedelics. Controlled substances law remains a multifaceted and complex field with, at times, conflicting regulations from different governing bodies.  Our attorneys are prepared to assist in all aspects of this emerging field and are committed to helping our clients understand their rights and the opportunities in this complex and evolving area of law.  For additional information, please contact Joshua S. Bauchner at (973) 247-9000 or jb@ansellgrimm.com.

 

The above is for informational purposes only and does not constitute legal advice. Transmission of the materials and information contained herein is not intended to create, and receipt thereof does not constitute the formation of, an attorney-client relationship. Attorney advertising.