Sunday is Mother’s Day – the day mom are celebrated for all the extra effort they do to make kids life special.  First celebrated in 1907, it became official in the US in 1914 and Canada in 1915.  Between the two countries, spending is expected to reach an all-time high of $35.7 billion this year.  Some of it will be enjoyed, some may not. Here are the 5 best Mom’s love language gifts (and one might be weed!).

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 This love language is all about verbal acknowledgments of affection, compliments, words of appreciation and encouragement.  

Words of Affirmation

Try a special way to tell her you love her. Make a book (easy to do online) of special pictures of the two of you. Write her a letter about what she means to you. You can get her favorite podcast host or even reality TV star to send her a special Mother’s Day shoutout (check out Cameo and all the celebrities they have available). Or consider compiling a video from all the kids and family answer the question ‘why we love you.’ 

Receiving Gifts 

These people enjoy receiving gifts and symbols of love. Monetary value is usually not important but more so the thought and reflection behind the gift.  

You can spoil her with luxury and a gift she would never buy herself. While gifts don’t need to be expensive, treat her to something luxurious that you know she wouldn’t want to spend the money on for herself. Think of what she loves and work around it.  Gift cards for books, music, travel, etc can show you want her to enjoy life.

Another thing, what about giving a gift which could help their sleep, mental health or manage pain.  A gummy or edible would be a perfect gift.  Maybe a CBD cream which could help with muscle soreness?

Quality Time 

People who enjoy this love language want someone to spend uninterrupted time with them, make plans and be fully present in their conversations during these times.  Give a gift of an all-inclusive day.  Give a Saturday which could include brunch, a walk, and more.

Gift a unique experience. Anyone can plan brunch or a wine tasting but what about surprising mom with something special. Some ideas include a picnic or colorful charcuterie board with all her favorite foods, a self-portrait session or a local food tour.  

Acts of Service

This love language includes doing favors or taking the burden off the person you are showing love to.  Will cook a special meal, take them a car trip, doing garden together, anything which your Mom would love to do.

Touch 

These people feel loved when they receive physical signs of affection, including kissing, holding hands, and cuddling, to name a few. 

Spoil her with a gift that will make her senses go crazy. While a spa day may seem obvious here and certainly fits the bill, you can also try something unique such as dance classes or something to make her feel extra cozy such as a weighted blanket, robe or new luxury sheets.   

There are many new and fun ways to spoil mom this year. Take it to the next level this time around by considering what will make them feel most loved.

The federal government has decided to move toward marijuana rescheduling.  So what’s next and how long until it done?

The Drug Enforcement Agency (DEA) has agreed with Health and Human Service’s (HHS) recommendation for cannabis to be rescheduled to Schedule III, with Schedule III drugs defined as having a moderate to low potential for physical and psychological dependence (Schedule III drugs include ketamine, anabolic steroids, and testosterone). This rescheduling will have a significant impact on state-legal cannabis businesses, but some uncertainty remains. Once the DEA publishes its proposed rule, it will be reviewed by the White House Office of Management and Budget (“White House”) and if approved, it would then proceed to a public comment period. Notably, the DEA could reschedule cannabis by issuing a final order and bypass the notice and comment period which would allow the change to become effective 30 days after publication in the Federal Register.

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However, it seems certain that the DEA will elect to do so by proposed rule, which is followed by a comment period of between 30-90 days. This comment period will be followed by a formal administrative hearing if requested, which rescheduling opponents will most certainly want, along with a flood of comments ranging from why cannabis should remain in Schedule I to why it should not be rescheduled lower than Schedule II. While rescheduling to Schedule III is almost certain, it is critical that proponents submit comments as well in order to ensure a robust record supporting marijuana’s reclassification.

Once the comment period and administrative hearing have concluded, the DEA will review the entire record and issue its final rule based on its analysis, HHS’ analysis, the comments submitted, and the administrative hearing record. The timeframe for issuing a final rule is uncertain and not statutorily defined, but since the DEA is required to review and respond to every comment submitted during the notice period, it could take some time.

Whether the DEA goes straight to issuing a final order or allows notice and comment, after the final decision/order is issued, it will not become effective until 30 days after it is published in the Federal Register. During this time, an aggrieved party that participated in the notice and comment period has 30 days to file a lawsuit to seek judicial review of the agency’s decision. In the event of a lawsuit, it is possible the effective date of the reclassification is delayed by a court order.

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Federal Regulations

Cannabis rescheduling is likely to inspire further federal regulations, but the nature of said regulations is uncertain. Since 2009, during the Obama administration, the federal government has declined to enforce federal law against the overwhelming majority of state compliant marijuana businesses. The federal government’s reluctance since the 2013 Cole Memorandum continued despite the DOJs enforcement guidance being rescinded during the Trump administration. It is possible we will see the DOJ reissue another enforcement memo. While it is still uncertain, enforcement action may follow cannabis rescheduling in an attempt to form a more cohesive national industry. For example, rescheduling cannabis to Schedule III may push the FDA to enforce against false and misleading drug claims as it has for hemp products. The DEA would continue to regulate cannabis as it had under Schedule I, however, they could now require dispensaries to conform to pharmacy regulations and the significant requirements associated with such. It is unclear but unlikely that the DEA will enforce pharmacy requirements upon state-legal dispensaries, since the difficulties and required resources associated with such enforcement will likely be too burdensome for the DEA immediately following rescheduling.

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The FDA may also become more involved in the regulation of cannabis, particularly concerning cannabis products’ dietary supplements and conventional food claims. While regulatory clarity would be welcome, we must be careful as to over-regulating the various cannabinoids (or compounds found in cannabis). It is likely that the FDA receives an influx of new drug applications following cannabis rescheduling, as FDA approval of any specific cannabinoids as drugs may be quite valuable. However, since FDA-approved medications cannot typically be legally added to conventional foods or dietary supplements, FDA approval of certain cannabinoids would create a complicated regulatory environment and spur subsequent consumer confusion (similar to the FDA’s approval of CBD in the form of Epidiolex).

Timeline

As for the timing of the rescheduling process, it will not happen overnight. Following approval by the White House, the DEA will likely initiate a public comment period. While this comment period itself will likely last from 30 to 90 days, the overall rescheduling process may take much longer. A previous drug rescheduling via rulemaking, for Hydrocodone Combination Products, took years to fully reschedule (though the timeline from HHS’ recommendation to the new rule taking effect was within one year). Following the quick turnaround by HHS to recommend cannabis rescheduling, it is possible that the DEA publishes its final rule as early as 2024.

Terran Cooper is a regular contributor to The Fresh Toast.  He is part of Falcon Rappaport & Berkman LLP. This article was developed in part with the help of Andrew Cooper and Matthew Foreman.