Why Don’t More U.S. Investors Look Abroad for Marijuana Investment?

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With ongoing tensions between U.S. state and federal marijuana laws, U.S. marijuana investments present significant legal and logistical challenges. This is especially true for investors with ties to federally regulated businesses. While some investors have accepted the risks of U.S. marijuana, others are waiting for major federal reforms. But what if there was a way to invest in marijuana without the looming threat of federal enforcement?

International marijuana operators might offer just that opportunity. Marijuana remains a Schedule I controlled substance within the U.S. (See Thoughts on the Terrible Pageant of Marijuana Rescheduling) Even if marijuana is moved into Schedule III, it will still be illegal to buy and sell interstate without a DEA license, and state markets won’t fundamentally change. This opens the door for investment and operational partnerships in legal marijuana markets abroad — without many of the risks associated with U.S. marijuana operators.

Some U.S. Code provisions relevant to investing in international marijuana markets 21 USC § 841(a)

Makes it illegal to manufacture, distribute, or possess with intent to distribute a controlled substance within the U.S.

21 USC § 959

Extends the reach of the Controlled Substances Act (CSA), criminalizing the intent

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