Federal cannabis attorney: DEA registration, compliance, and enforcement
What changed in April 2026
Federal cannabis attorney practice areas
DEA registration applications
- DEA Form 224 or Form 225, depending on operator type
- 21 U.S.C. § 823(e)-(g) public-interest analysis
- Background information for owners, officers, and other persons with substantial control
- Premises documentation, including diversion-prevention measures
- For manufacturers: cultivation area calculations, storage protocols, and Single Convention nominal-price documentation under § 1301.13(k)(6)
Federal compliance
- 21 C.F.R. Part 1304 recordkeeping: initial and biennial inventory, receipts, distributions, and disposal records
- Security under Part 1301 Subpart F: physical controls, alarm systems, and limited access
- Quotas for manufacturers: procurement and manufacturing quotas under Part 1303
- Reporting, including theft and significant-loss reports under § 1301.76(b), and suspicious-order monitoring for distributors and manufacturers
- Federal-state integration, so DEA obligations line up with METRC, BioTrack, and other state track-and-trace and reporting regimes
Federal status change advisories
- Whether current activities qualify under § 1301.13(k)
- Recommended filing timing now that the 60-day window has closed
- The license, structure, and ownership disclosures the application will require
- A state-federal compliance integration plan
- The risk of continuing to operate without federal registration
Federal compliance audits and DEA enforcement
- Audits of Part 1304 recordkeeping and Part 1301 security and operational controls, with severity-ranked findings, a remediation roadmap, and SOPs that satisfy both DEA and state regulators
- DEA inspections and investigations
- Orders to show cause and suspension or revocation proceedings under 21 U.S.C. § 824
- Administrative hearings before DEA Administrative Law Judges
- Coordination with state enforcement when state and federal proceedings overlap
Operator types we represent
One federal record across several state licenses
- Sequencing federal applications across states in a defensible order
- A unified compliance framework that satisfies DEA in every state of operation
- Coordinating reporting across state regulators (California medical operators, New York registered organizations, Massachusetts medical treatment centers) and DEA
- Ownership and control questions where federal registration meets state true-party-of-interest, ownership-disclosure, and equity-program rules
Federal FAQ
Is marijuana federally legal now?
No. Marijuana remains a federally controlled substance. The rescheduling moves FDA-approved marijuana products and qualifying state medical marijuana from Schedule I to Schedule III, which subjects those activities to federal controlled-substance regulation rather than federal prohibition. Adult-use marijuana remains Schedule I, and state-licensed activity outside the order’s scope remains federally prohibited.
Who is eligible for DEA registration under § 1301.13(k)?
State-licensed medical marijuana operators whose state license meets the qualifying criteria: licenses issued under bona fide state medical programs with regulatory oversight, patient-qualification requirements, and operational controls consistent with the rescheduling order. Adult-use-only licenses do not qualify. Operators with combined medical and adult-use licenses face eligibility questions that turn on how medical and adult-use activity are separated.
What happens if I didn’t apply within the 60-day window?
The 60-day window, which closed June 27, 2026, provided conditional operating authority while an application was pending. Operators who apply now can still register, but without that conditional authority, so federal authority is uncertain until DEA decides the application.
Does my state license automatically qualify me for federal registration?
No. State licensure is necessary but not sufficient. The federal application requires a public-interest analysis under 21 U.S.C. § 823, ownership and control disclosures, premises documentation, and a DEA determination that registration is consistent with the public interest. A state license is strong support for that determination; it does not replace the federal review.
Can I file a DEA registration application myself?
Yes; operators may file without counsel. Given the public-interest analysis, the documentation DEA expects, and the consequences of a deficient or denied application, it is worth deciding before filing whether to involve counsel. A denial can be harder to fix than a complete, well-supported first application.
Does the federal pathway cover adult-use operators?
Not under the current order. The § 1301.13(k) pathway is limited to qualifying state-medical activity. Kocot Law advises adult-use operators on their federal posture and on legislative and regulatory developments as they happen.