Decriminalization of Marijuana

News & Analysis as of

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

Nutter Bank Report, January 2017

DOL Issues New Guidance on the ERISA Fiduciary Rule - The U.S. Department of Labor (“DOL”) has released a second set of answers to frequently asked questions (“FAQs”) that provide new guidance about recent amendments to...more

LePage Demands Stall Marijuana Law

Yesterday the already tumultuous story of LD 88, "An Act To Delay the Implementation of Certain Portions of the Marijuana Legalization Act" took an increasingly intriguing turn when the bill was enacted by the Legislature but...more

Right to Light? Maine’s New Marijuana Law Prohibits Employers from Discriminating Against Recreational Users

An important provision in the recreational marijuana ballot initiative approved by Maine voters back in November has so far generated limited buzz among Maine employers, but they will need to pay closer attention now that key...more

Emerging Trends Newsletter - Q4

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Draft Rules From the Department of Health Limit the Potential Number of Medical Marijuana Dispensaries

The Department of Health (“DOH”) has issued only seven medical marijuana dispensing organization licenses, and based on draft rules proposed this week, that number may not change. ...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. Work Gets Underway at Maine State House - Momentum is building in the Maine Capitol as...more

VLA Reports out Marijuana Amendment

The Veterans and Legal Affairs Committee (“VLA”) held a public hearing on Tuesday of this week on LD 88, which lasted for just under four hours with several dozen members of the public testifying. There were more people there...more

Cannabis Banking – (Perhaps) There Is An App For That

Simply stated, voter approval of Prop. 64 did not solve the California Cannabis Industry’s banking problem. It does not matter that cannabis – recreational or medicinal – is legal in California. In order to participate in the...more

Massachusetts Has Legalized Marijuana — Should Your Workplace Policies Go Up in Smoke?

On November 8, 2016, voters in Massachusetts (along with their counterparts in Maine, California, and Nevada) voted to legalize the recreational use of marijuana. This means that recreational marijuana use is now legal in...more

The Trump Administration’s View on Marijuana: Reading the (Tea) Leaves

The incoming Trump Administration may usher in a more hostile climate to state efforts to legalize the sale and distribution of marijuana and products that contain the drug. The Obama Administration opposed the federal...more

Banking Problems for a Whole Industry

About half of the States have legalized marijuana for either or both medical and recreational use. Despite being legal under various state laws, businesses operating in the marijuana industry continue to encounter federal...more

Legal Marijuana – High on the Legislative Agenda

In the wake of Question 1's passage on last November's referendum ballot in Maine, marijuana legalization must now be implemented via programs overseen by the Legislature and Executive Branch. This has led to a spate of...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. Maine Legislature’s First Regular Session Launches - On Wednesday, January 4, the Maine...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Employment Laws Go Local — The Rise of Municipal and State Lawmaking [Labor & Employment Observer]

Ban the Box, living wage, sick pay, and legalized marijuana. These laws are at the cutting edge of employment law, and they are all legislative efforts at the state and city level. With a Republican Congress since 2010, new...more

Medical Marijuana and the Workplace

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana....more

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