Decriminalization of Marijuana

News & Analysis as of

Florida Amendment 2 Rolls at the Polls: Getting into the Weeds of Medical Marijuana

By an overwhelming 71% of voters saying “yes” to Amendment 2 on Election Day, Floridians successfully made Florida the first Southern state to legalize medical marijuana....more

Nutter Bank Report, November 2016

Massachusetts Voters Approve Legalization of Marijuana for Recreational Purposes - Massachusetts voters have approved a ballot initiative legalizing the use of marijuana for recreational purposes, which will become law...more

Update on Medical Marijuana Regulation in Florida

Although there is little clarity regarding medical marijuana regulation in Florida, Amendment 2’s approval and corresponding upcoming legislation suggest that more companies will likely be permitted to grow, process, and sell...more

White Collar Crime Law Enforcement in a Trump Justice Department - 8 Predictions

After a conventional presidential campaign, determining the policy priorities and direction of the incoming administration with respect to the Justice Department’s white collar law enforcement responsibilities can be a...more

Employment-Related Election Results

On Election Day, November 8, employment-related initiatives were voted on and passed by voters in a number of states. Minimum Wage - Voters in Arizona, Colorado, Maine, and Washington approved ballot measures to...more

Marijuana Initiatives Do Not Require Changes to Drug Testing Policies

Last Tuesday’s election resulted in California and Massachusetts approving referendums to legalize recreational marijuana use. In addition, Florida and several other states passed or expanded medical marijuana use laws....more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Senate Caucuses and Leadership Set - With all Senate election results confirmed, the...more

Election results widen gulf between federal v. state regulation of cannabis

Legal cannabis programs continue to spread to more states with every election cycle. On Nov. 8, 2016, Arkansas, Florida, Montana and North Dakota passed laws legalizing cannabis for medical uses, while California, Nevada,...more

“Just Say No” to Rejection of Marijuana Trademarks

Overshadowed by that yuuuge, shocking, {insert adjective for your feelings here} win was the legalization of recreational marijuana in three more states – California, Massachusetts and Nevada – in conflict with federal law. ...more

The Cannabis Industry: Burning Batteries, Tasty Treats and Budding Product Liability Litigation

Pot smokers are not the only ones lining up outside the local dispensaries; plaintiff personal injury attorneys are as well. Watching, lurking, waiting with dollar signs in their eyes for the chance to seek punitive damages,...more

What Will Happen When the Smoke Clears? Post-Election HR Strategies for 2017 and Beyond

The long and contentious presidential campaign is over. So, now what? What does President-elect Trump’s victory mean for employers?...more

Employment Law Navigator – Week in Review: November 2016 #2

Employment law commentators spent much of last week speculating about the impact of a Trump administration on workplace laws and regulations. HR Dive summarized the results of state minimum wage and marijuana initiatives and...more

Seven States Pass New Marijuana Laws on Election Day

Election Day 2016 saw voters approve new marijuana laws in seven states. There are now a total of 28 states (plus the District of Columbia) with medical marijuana laws and 8 states (plus the District of Columbia) with...more

Recreational Marijuana Use Becomes Legal in Massachusetts: Questions and Answers for Dazed and Confused Employers

Seyfarth Synopsis: Massachusetts has voted to legalize the recreational use of marijuana. For employers that want to maintain drug-free workplaces, the new marijuana law raises a number of questions regarding employer rights...more

Half Baked: The Brave New World of Branding Weed

In last week’s election, California voters passed Prop 64, which means recreational marijuana can be sold and used by persons over 21 within the state. But don’t get excited about the gold rush just yet. Recreational...more

Nevada’s New Recreational Marijuana Law: What Employers Need to Know

On November 8, 2016, voters approved Nevada’s Initiative to Regulate and Tax Marijuana (more commonly known as Question 2) by a margin of 54 percent to 46 percent. When codified and enacted, this law will be cited as the...more

The Straight Dope on the Marijuana Measures: Which Ones Passed and Which Went Up in Smoke

On Tuesday, November 8, 2016, voters in nine states with marijuana-related measures on their ballots made their voices heard. California, Maine, Massachusetts, and Nevada voters approved recreational adult-use marijuana...more

Voters said a big no to Big Soda, yes to pot and Big Pharma. And Obamacare?

Although many Americans remain saddened or exultant by the results of the presidential vote, the November ballot produced key health-related results worth a quick post-mortem...more

The Employment Law Implications of the Marijuana Ballot Initiatives

On November 8, 2016, voters in several states passed medical or recreational marijuana measures each of which will likely impact employers. As this area of law is developing quickly, and since the Trump administration’s...more

California’s Proposition 64 Allows Employers to Continue Enforcing Drug-Free Workplace Policies

Employers with California operations may continue enforcing their drug-free workplace policies regardless of whether their employees use marijuana for medical or recreational purposes. When California voters passed the...more

Voters Approve New Marijuana Laws in Eight States

Voters in eight states on Tuesday strongly supported ballot measures to adopt new marijuana laws. California, Massachusetts, Nevada and Maine approved recreational marijuana, and North Dakota, Arkansas, Florida and Montana...more

Marijuana Election Results: Risks and Opportunities

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

Election Results: 4 States Pass Adult Use Marijuana Ballot Initiatives, 1 State Fails; 4 States Pass Medical Marijuana Ballot...

On November 8, 2016, residents in 9 states voted on ballot initiatives to legalize adult use or medicinal marijuana. Arizona, California, Maine, Massachusetts, and Nevada voted to decide whether to legalize marijuana for...more

Massachusetts Gaming Update: One Slots Parlor Is Enough

On Election Day, Massachusetts residents said “yes, please” to marijuana, but “no, thank you” to an additional fruit machine in the Commonwealth. Ballot Question 1 would have expanded the Commonwealth’s Gaming Act to allow...more

Historic Night for Cannabis Legalization

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

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