Fox Rothschild, along with co-counsel Khurshid Khoja of Greenbridge Corporate Counsel, represented the National Cannabis Industry Association (NCIA) pro bono yesterday at a landmark hearing on the DEA’s proposal to reclassify marijuana as a Schedule III drug.

In proceedings before the DEA’s Chief Administrative Law Judge John J. Mulrooney, the NCIA was the only pro-reclassification entity representing the cannabis industry granted standing to participate.

NCIA’s volunteer legal team, which included William Bogot, Nikolas Komyati and Anthony LoPresti of the Fox Cannabis Law group and Khoja (a longtime NCIA board member and former board Chair) secured NCIA members a voice in the process by arguing that they would be adversely affected by proposed revisions to the definition of tetrahydrocannabinol (THC), the main psychoactive ingredient in cannabis.

“We were proud to represent NCIA at this historic hearing,” Komyati said. “Fox Rothschild was one of the first national law firms in the country to launch a cannabis law practice, and we have a long history of working with legal cannabis businesses to advance the industry.”

With more than 500 members, NCIA is the industry’s oldest and largest trade association representing state-legal marijuana, hemp and cannabis-related businesses, and a strong supporter of removing marijuana from Schedule I.

However, NCIA also opposes the DEA’s simultaneous attempt to add currently unscheduled cannabinoids to Schedule I under the new definition of THC. At the hearing, Komyati addressed these concerns, while expressing the NCIA’s strong overall support for reclassification.

Moving marijuana from Schedule I to Schedule III of the federal Controlled Substance Act (CSA), would benefit legal cannabis businesses’ finances by ensuring they are taxed the same as other American businesses, and securing this tax equity by getting them out from under Section 280E of the federal tax code, which currently prevents them from claiming normal business deductions.

The NCIA’s chief executive officer, Aaron Smith, said the organization is “beyond proud to represent the legal cannabis industry in these historic proceedings, and grateful to Fox Rothschild and Greenbridge, longtime members and allies, for their help ensuring our members have a say.”

“We are working with our membership to ensure their voices are included in this important process,” he added.

Fox Rothschild’s national Cannabis Law Practice Group is a leader in the industry, ranked by Chambers & Partners as a Band 1 law firm for Cannabis Law in the United States.

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