Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more
Federal income tax is a tax on “net” income – gross income less allowable deductions. Unless, however, you are a drug dealer – Code Section 280E does not allow sellers of federally controlled substances to deduct their...more
Religion Clause Blog reports that Indiana’s First Church of Cannabis is using the state’s recently enacted religious freedom law to protect its founder and two members from prosecution for possession of marijuana. The Church...more
Fraud, waste, and abuse in the Medicare Part D prescription drug program continue to threaten the integrity of the program and pose challenges to the federal agencies charged with its administration and oversight. Earlier...more
As many of our clients know, we frequently train and counsel employers on the implications of Connecticut’s medical marijuana law in the workplace. Although medical marijuana use remains illegal under federal law,...more
In This Issue:
- Judgments; Legislation; and Reports.
- Excerpt from Judgements:
Australia. Fair Work Commission
Marr v Western Health  FWC 2970
The Fair Work Commission has held that it was...more
On June 1, 2015, the U.S. Supreme Court decided Mellouli v. Lynch, holding that a legal permanent resident may not be deported for a state-law drug conviction unless that conviction necessarily involves a drug covered by the...more
On April 21, 2015, the House of Representatives approved H.R. 471, the Ensuring Patient Access and Effective Drug Enforcement Act of 2015. The bipartisan legislation would clarify the Controlled Substances Act to establish...more
Last Friday, Oklahoma Governor Fallin signed House Bill 1948 into law, amending the Uniform Controlled Dangerous Substances Act. The new law, which goes into effect on November 1, 2015, enhances access to Oklahoma’s...more
Yesterday the House of Representatives approved the following health policy bills:
..H.R. 284, the Medicare DMEPOS Competitive Bidding Improvement Act of 2015 – which would require Medicare suppliers that bid under a...more
The U.S. Environmental Protection Agency (EPA) and the U.S. Food and Drug Administration (FDA) have executed a Memorandum of Understanding (MOU) on Information Sharing regarding the sharing of data and other confidential...more
Last week, a federal judge indicated she was considering nine defendants’ arguments that Congress’ decision to treat marijuana as a Schedule One controlled substance is unconstitutional....more
Questions remain about the U.S. Drug enforcement agency’s rules on secure disposal of controlled substances and exactly how they will be implemented with regard to the disposal of controlled substances by hospice personnel...more
In this issue:
- Gear Up for Increased CMS Scrutiny of Hospice Services for Assisted Living Facility Residents
- Happy New Year from the DC District Court - Companionship Exemption Lives On!!
- DEA Rules On...more
The law is an ass, or so says Charles Dickens. After reading the IRS’ latest missive on sales of marijuana, I think I agree.
The tension between federal and state law on the sale of marijuana carries over to federal income...more
The Ohio State Medical Board has proposed new telehealth prescribing regulations, which are predicated upon whether the drug is a controlled or not a controlled substance....more
Greetings, Court fans!
We're back with breaking news on the certiorari front, along with a summary of one of Wednesday's decisions, Jennings v. Stephens (13-7211), on the application of certain longstanding principles of...more
The current and two immediate past presidents have smoked it. As one leading expert commented during a congressional hearing, perhaps “marijuana is a gateway drug to the White House?” Medical marijuana is now legal in...more
In August, the U.S. Drug Enforcement Agency (“DEA”) published a final rule classifying Hydrocodone combination drugs as Scheduled II controlled substances. Previously, Hydrocodone was listed as a Scheduled III controlled...more
In a recent Fresno Bee article entitled “Fresno seventh grader busted in sales of pot brownies at school,” we see another unintended consequence of the availability of marijuana. Despite initial permitted possession of...more
On July 2, 2014, the Drug Enforcement Administration (DEA) published its Final Rule placing tramadol into Schedule IV of the Controlled Substances Act (CSA).
Tramadol is a synthetic opioid analgesic used in the...more
The House and Senate will be in session Monday, Tuesday and Wednesday, May 5-7. They will then break after Wednesday’s session until after the Primary Election on May 20, returning on June 2. This session week will be the...more
In reading the recent NPR article, “The Green Rush Begins: Investors Get In On Pot’s Ground Floor,” one cannot help but wonder if federal policies regarding marijuana, a drug which remains a controlled substance, are...more
A new law, the Internet System for Tracking Over-Prescribing (I-STOP) Law (§3343-a of the NYS Public Health Law) enacted one year ago, will go into effect on August 27, 2013, requiring practitioners who prescribe controlled...more
The legalization under state law of the marijuana business in Colorado through Amendment 20 (medical marijuana) and Amendment 64 (recreational marijuana) (Amendment 20 and Amendment 64 shall be referred to collectively as the...more
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