Pioneering Legal Approaches to Substance Regulation
At Acosta Law, our controlled substances practice represents a fusion of scientific understanding, constitutional principle, and pragmatic legal strategy. We've devoted decades to challenging the premises of drug prohibition and creating pathways for legitimate research, medical applications, and rational regulatory frameworks.
From our early work challenging the legal basis for cannabis prohibition to our current representation of entities in emerging psychedelic medicine fields, we bring both scientific rigor and constitutional principle to bear on questions of substance regulation. Our attorneys have helped shape the legal landscape through strategic litigation, regulatory advocacy, and legislative consultation at state and federal levels.
Our Controlled Substance Services
Cannabis Industry
We guide cannabis businesses through the complex and often contradictory web of state legalization and federal prohibition, helping them establish compliant operations while minimizing legal exposure.
- License application and regulatory compliance
- Banking and financial services access
- Interstate commerce and transportation issues
- Intellectual property protection
- Investment structure and capital formation
Research Authorization
We help researchers and institutions navigate the complex process of obtaining authorization to study controlled substances, working to expand scientific understanding of substances with potential therapeutic applications.
- DEA research registration
- Institutional Review Board protocols
- Research supply acquisition
- NIDA and FDA coordination
- Clinical trial authorization
Regulatory Challenges
We develop and pursue strategic litigation aimed at reforming irrational aspects of controlled substance regulation, focusing on constitutional and administrative law arguments.
- Scheduling classification challenges
- Religious use exemptions
- Equal protection claims
- Administrative Procedure Act litigation
- State preemption analysis
Emerging Therapeutics
We represent companies and practitioners working with emerging therapeutic applications of currently controlled substances, including psychedelic-assisted therapy and other novel treatment modalities.
- Regulatory pathway development
- State-level therapeutic access programs
- Professional licensing protection
- Risk management and liability mitigation
- Treatment center establishment
Our Approach to Controlled Substance Law
Controlled substance regulation sits at a complex intersection of science, politics, culture, and law. Our approach combines:
- Scientific Literacy: We stay current with developing research on substance pharmacology, therapeutic applications, and harm potential, ensuring our legal arguments are grounded in scientific reality rather than cultural misconceptions.
- Historical Context: We understand the historical and cultural factors that have shaped drug policy, allowing us to identify and challenge the non-scientific bases for many current regulations.
- Regulatory Expertise: We maintain detailed knowledge of the complex and overlapping regulatory frameworks governing controlled substances at federal, state, and local levels.
- Strategic Incrementalism: We recognize that meaningful reform often occurs through incremental change, and we strategically select cases and advocacy positions that can establish precedents for broader reform.
- Cross-Disciplinary Collaboration: We work closely with scientists, medical professionals, policy experts, and affected communities to develop holistic approaches to substance regulation reform.
Notable Controlled Substance Cases
Native American Church of Nevada v. DEA (2021)
Successfully secured religious use exemption for ceremony-based use of ayahuasca, establishing important precedent for cognitive liberty and religious freedom in the context of entheogenic substances.
Desert Bloom Therapeutics v. Nevada Department of Health (2019)
Challenged arbitrary licensing restrictions for medical cannabis dispensaries, resulting in regulatory reforms that expanded patient access and created more equitable participation in the regulated industry.
Researchers for Therapeutic Access v. DEA (2017)
Filed influential amicus brief in case challenging research restrictions on Schedule I substances, contributing to subsequent policy reforms that expanded research access.
