Decriminalization of Marijuana

News & Analysis as of

AG's latest remarks signal no outright campaign against cannabis yet

On March 2, 2017, it seemed as if the U.S. Department of Justice was aiming to crack down on the U.S. cannabis industry in a way not seen since before the previous administration. U.S. Attorney General Jeff Sessions and White...more

Maine Delays Effective Date of Anti-Discrimination Provisions of Recreational Marijuana Law

On November 8, 2016, Maine voters approved “Question 1”—An Act To Legalize Marijuana (“ALM” or “the Act”). “Emergency” legislation since passed by the Maine legislature and signed by Governor Paul LePage now provides...more

Cannabis Standardization: The Next Step on the Path to Full Legalization

The cannabis industry is about to take a giant leap forward in its quest for legitimacy and long-term stability. On March 1, 2017, the American Society for Testing and Materials (ASTM International) announced that it will...more

U.S. Senators Seek Clarification From Department of Justice Regarding Federal Marijuana Enforcement Priorities

In light of White House Press Secretary Sean Spicer’s recent comments that the Department of Justice may seek “greater enforcement” of the federal laws prohibiting the recreational use of marijuana, eleven U.S. Senators sent...more

Task Force Report: International Trade Law Implications of Legalization

In this edition of our series on the Task Force’s final report "A Framework for the Legalization and Regulation of Cannabis in Canada" (the "Report"), we explore the international trade law implications of the Task Force’s...more

Could 2017 Really Be the Year that Marijuana Becomes Decriminalized?

Additional legislation is being introduced in U.S. Congress attempting to decriminalize marijuana. The latest, HR 1227 entitled “Ending Federal Marijuana Prohibition Act of 2017” was introduced on February 27th. The bill was...more

Odor of Marijuana Grounds for Vehicle Search

In Robinson, et. al. v State, Nos. 37, 39, & 46, September Term, 2016, decided January 20, 2017 (Watts, J.), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”) held that a law enforcement officer...more

Florida Employers: Here Comes Medical Marijuana – Are You Ready?

Florida voters turned out in droves to pass Amendment 2 to legalize medical marijuana. This Constitutional Amendment greatly expanded what was once a very narrow right in Florida to be treated with low dose THC cannabis....more

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

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

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

Future of California’s Marijuana Laws Appears Hazy

What do you get when you cross blue state liberal marijuana laws with red state conservatism? A purple haze. California voters approved recreational use of marijuana for adults in the November 2016 election. But federal...more

Trump Administration May Enforce Federal Laws Prohibiting Non-Medical Use of Marijuana

In one of the Trump Administration’s first public statements on recreational marijuana, White House Press Secretary Sean Spicer stated in a press conference today that the Department of Justice may seek “greater enforcement”...more

3 Practical Challenges for Employers Created by Legalized Marijuana

When Massachusetts voters legalized the use of marijuana for medicinal purposes four years ago, the impact on most employers was limited to clarifying that “legal” marijuana use was still generally prohibited in the...more

Maine's Joint Select Committee on Marijuana Legalization Implementation

Possession of up to 2.5 ounces of marijuana for recreational purposes has now been legal in the State of Maine for three weeks. The world as we know it seems unchanged....more

Medical Marijuana Act Clouds the Rights of Employers to Establish and Enforce Marijuana Policies

Pennsylvania’s recently passed Medical Marijuana Act (MMA) has left employers dazed and confused about whether they may continue to enforce zero tolerance drug policies. The MMA, which provides qualifying patients with access...more

Pennsylvania Accepts Applications for Medical Marijuana Growers, Processors and Dispensaries

The Pennsylvania Department of Health will accept permit applications for medical marijuana grower/processors and dispensaries from February 20, 2017 until March 20, 2017, pursuant to its authority under the Medical Marijuana...more

Congressional Cannabis Caucus Formed To Pursue Federal Legalization and Regulation

On Thursday, February 16 at the U.S. Capitol, a formal bipartisan coalition of federal lawmakers launched the Congressional Cannabis Caucus to work on legislation related to marijuana legalization and regulation. The caucus...more

After Proposition 64 Does Medical Marijuana Matter?

California’s recent recreational pot legalization brings into question the relevance of medical cannabis in a state that led the legal marijuana movement with a 1996 voter initiative giving patients the right to possess and...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. Three Percent High-Earner Tax Changes Under Consideration - Among the issues Maine’s...more

The Hazy Truth Regarding Workplace Drug Testing

John has been a good technician throughout his relatively short tenure at your dealership. But today he is a bit careless as he test-drives the customer vehicle he just finished working on. As John returns the car to the...more

The Respect State Marijuana Laws Act was introduced this week in U.S. Congress

On February 7, 2017, Congressman Dana Rohrabacher (R-CA) introduced legislation entitled “The Respect State Marijuana Laws Act” (the Bill) for the third time in the U.S. House of Representatives to protect people from being...more

Federal Marijuana Law Enforcement Trends

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

Clearing up the Smoke: Insurance and Marijuana

Following on from our last article concerning issues for (re)insurers arising from an insured’s illegal conduct, this article examines the issues arising out of the burgeoning legalized marijuana industry in the...more

Task Force Report: Production of Cannabis

In this edition of our series on the Task Force’s final report "A Framework for the Legalization and Regulation of Cannabis in Canada" (the "Report") we explore the Task Force recommendations for regulating the production of...more

Developing a Plan for Cannabis Industry Banking

Following voter approval of recreational cannabis, the California State Treasurer’s Office reported that by 2020 cannabis sales will increase by an estimated $6.64 billion. By taxing cannabis, California could bring in an...more

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