News & Analysis as of

Controlled Substances Act Medical Marijuana

Court Rejects Bias Claim of Licensed Medical Marijuana Caregiver Fired from Restaurant for Selling Drugs

by Fox Rothschild LLP on

An Outback Steakhouse employee who was fired for distributing drugs to a co-worker despite her status as a licensed medical marijuana caregiver has lost her suit alleging the termination was the result of age...more

Pennsylvania Releases Temporary Regulations for Physicians

by Tucker Arensberg, P.C. on

On April 11, the Pennsylvania Department of Health (DOH) released Practitioner Temporary Regulations for physicians and practitioners (those physicians, pharmacists, physician assistants and certified registered nurse...more

National Survey on Marijuana Laws and Regulations

by Fox Rothschild LLP on

This survey has been provided by the Fox Rothschild Cannabis Practice as a quick reference to relevant laws and statutes governing marijuana usage in the United States. Legalized cannabis – for medical or...more

New Mexico District Court: IRS Can Summons Information Needed to Prove Taxpayer is Subject to Section 280E

by Fox Rothschild LLP on

In recent IRS summons litigation, a Federal District Court in New Mexico has ruled that the IRS may seek information from a bank, the New Mexico Department of Health – Medical Cannabis Program, and the Public Service Company...more

Colorado District Court: IRS Enforcement of Section 280E Is Not A Criminal Investigation

by Fox Rothschild LLP on

Recently, a Colorado business protested the IRS’ disallowance of their business expenses. The IRS alleges that the taxpayer was a Colorado medical marijuana dispensary to which Section 280E applies, as a result the IRS...more

California’s Bill to Add Marijuana Trademark and Service Mark Classifications

by Wilson Elser on

On December 12, 2016, Assembly Bill No. 64 (AB 64) was introduced to California’s legislature, with the stated purpose of (1) furthering the intent of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), a...more

The end of legalized recreational cannabis under President Trump?

by Thompson Coburn LLP on

Ever since President Trump took office, the cannabis industry has been holding its breath to see how the new administration would handle the burgeoning industry. Trump’s previous statements about cannabis have been mixed,...more

What Would "Greater Enforcement" Mean for Washington's Cannabis Businesses?

by Garvey Schubert Barer on

Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press...more

White House Previews Federal Marijuana Policy

by Akerman LLP on

Late last week, the White House provided the most significant insight since the inauguration as to how the Trump Administration will handle federal marijuana policy. During an afternoon press briefing, White House press...more

Federal Marijuana Law Enforcement Trends

by Locke Lord LLP on

The election of Donald Trump as President of the United States may lead to a significant change in the enforcement of the Controlled Substance Act (CSA) with respect to both medical and recreational uses of marijuana. Since...more

States Continue Trend to Legalize Marijuana

by Conn Maciel Carey LLP on

During this recent election season, in addition to choosing the next President of the United States, voters in many states had a hand in dictating the future of legal marijuana use in this country. Previously, only Colorado,...more

Florida Medical Marijuana Law Will Take Effect January 2017

by Roetzel & Andress on

Florida voters passed a new medical marijuana law, Amendment 2, on November 8, 2016. Florida joins 27 other states, the District of Columbia, Puerto Rico, and Guam in allowing public medical marijuana programs. The new law...more

Marijuana Election Results: Risks and Opportunities

by Goodwin on

Trump and Clinton grabbed all of this week’s headlines, but marijuana-related referenda were also on the ballots in nine states. The results of the referenda will dramatically change the landscape of state-legalized marijuana...more

Historic Night for Cannabis Legalization

by Baker Donelson on

Tuesday night was the biggest electoral victory for cannabis reform since Colorado and Washington's 2012 approval of the recreational use of cannabis, with eight states passing ballot measures legalizing some form of cannabis...more

Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use

by Littler on

Election Day 2016 proved to be a historic occasion for initiatives favoring expanded access to marijuana. On November 8, California and Nevada joined West Coast early adopters Alaska, Oregon, and Washington in choosing to...more

Selling Marijuana is still a Federal Crime, but income must be reported

by Sanford Millar on

The prevalence of state laws legalizing the sale of marijuana does nothing to change federal law. Marijuana remains a Schedule 1 drug under the Controlled Substances Act, (21 USC 801, et seq). The act of manufacturing,...more

Weed in the Workplace: What You Need to Know

by Baker Donelson on

You have not heard the presidential candidates discuss medical marijuana or efforts to decriminalize recreational use. Nevertheless, state legislatures and local governments have been tackling these issues for some time,...more

Medical Marijuana in Massachusetts – DPH Proposes Amendments to Regulations

The Massachusetts Department of Public Health (DPH) has released for public comment proposed amendments to DPH’s Medical Marijuana Regulations (105 CMR 725) (the “regulations”). DPH believes that believes the proposed...more

Ninth Circuit Enjoins DOJ from Prosecuting Medical Marijuana Growers, But Future Uncertain

by Cozen O'Connor on

On August 16, 2016, the Ninth Circuit made an unexpected decision — it enjoined a federal criminal prosecution against medical marijuana growers in the Ninth Circuit. In the published opinion1, the three-judge panel (Justices...more

Ninth Circuit Uproots Department of Justice Prosecution of Medical Marijuana Cases

by Arnall Golden Gregory LLP on

On August 16, 2016, the United States Court of Appeals for the Ninth Circuit rebuked the Department of Justice (“DOJ”) in United States v. McIntosh, a case that involves the tension between federal and state laws involving...more

California Court of Appeal Resoundingly Rejects A Statutory Right To Access Medical Marijuana Shops By The Disabled

Pursuant to the Americans With Disabilities Act (“ADA”) (42 U.S.C. Section 1201, et seq.) and California’s Civil Code Section 54 (the “DPA”), individuals with disabilities are entitled to “the same rights as the general...more

The silver lining in the DEA’s refusal to reclassify cannabis

by Thompson Coburn LLP on

As far back as 2011, elected officials have sent letters to the U.S. Drug Enforcement Administration urging it to reclassify cannabis by removing it from the list of Schedule I controlled substances. After promising a...more

DEA Just Said No to Rescheduling Cannabis: Why It Matters

by Lane Powell PC on

The U.S. Drug Enforcement Agency (DEA) recently denied a petition to initiate proceedings to reschedule cannabis under the Controlled Substances Act (CSA). Thus, Cannabis will remain a Schedule I substance under the CSA. ...more

The DEA Is Getting Past Just Saying No: Scientific Research Into Medical Uses of Marijuana Is a Bridge Toward a Policy Shift

by Lane Powell PC on

The U.S. Drug Enforcement Agency (DEA)’s recent decision declining to reschedule cannabis is a step bridging the national discussion — a step toward a possible agreement on medical cannabis through scientific research. The...more

DEA Rejects Petitions Seeking to Reschedule Marijuana

by Morgan Lewis on

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

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