News & Analysis as of

Decriminalization of Marijuana

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

by Littler on

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

State of Maine Endured Short, Tension-filled Shutdown - Around 2:00 am on Tuesday, July 4, Governor LePage signed the biennial budget that had been delivered to him moments before by the Secretary of the Maine Senate,...more

It’s Reasonable to Employ Marijuana Users

by Sherman & Howard L.L.C. on

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is...more

Gaming & Hospitality Legal News: Volume 10, Number 5

by Dickinson Wright on

Recreational Pot Comes to Nevada... But Why Are The Shelves Empty? On July 1, 2017, Nevada became the fifth state in the United States to legalize the sale of recreational marijuana. The epicenter of “what happens here,...more

Continued and Unexpected Roadblocks to Serving MRBs: Fourth Corner Credit Union v. Federal Reserve Bank

by Ballard Spahr LLP on

Part Two of a Three-Part Series - In the second part of this series, we explore the practical effects of the FinCEN and DOJ guidance documents on industries attempting to serve marijuana related business (“MRBs”). On June...more

Banking and the Marijuana Industry

by Ballard Spahr LLP on

Part One of a Three-Part Series - We begin this week with a three-part series on banking and the marijuana industry. States continue to pass medical and recreational use marijuana legislation despite that the fact that the...more

California Consolidates Medical and Recreational Cannabis Laws

In the last week of June, California Governor Jerry Brown signed a bill that consolidates state medical and recreational cannabis regulations into one governing law, the Medicinal and Adult-Use Cannabis Regulation and Safety...more

Marijuana Accounting and Legal Compliance

by Moskowitz LLP on

Since marijuana is still illegal at the federal level and subject to continually evolving regulations at the state level, cannabis producers, distributors, and retailers need to develop compliance programs and procedures as...more

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

by FordHarrison on

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law...more

California Enacts New Regulatory Framework for Medical and Recreational Cannabis

This blog usually explores the relationship between real estate and one green substance — money. But cannabis is the greenery getting a lot of recent attention in California, and its impact on real estate will be difficult...more

Is It Only A Matter Of Time Before New Jersey Employees Using Medical Marijuana Gain Legal Protections?

There has been a fair amount of press recently speculating as to how New Jersey’s attitude towards marijuana use may change after a new governor is elected. Democratic candidate Phil Murphy has stated he is in favor of...more

New California Law Simplifies and Harmonizes Medical and Recreational Cannabis Regulations - Bill Collapses Two into One...

by Best Best & Krieger LLP on

Earlier this week, Gov. Jerry Brown signed SB 94 into law to create a single regulatory scheme that addresses both medical cannabis and recreational cannabis. As a budget trailer bill, it is effective immediately....more

Massachusetts House and Senate Tackle Marijuana Policy

On June 21st, 2017, after considering 118 amendments, the House passed sweeping legislation (H.3768) by a vote of 126 to 28 refining the laws governing the legalization of adult-use cannabis....more

Legislature Poised to Open Up Medical Marijuana Licensing to For-Profits

by PretiFlaherty on

Last week, the Massachusetts House voted 126-28 to make major revisions to Chapter 334 of the Acts of 2016. That’s the law allowing recreational use of marijuana, which was enacted via an initiative petition on the November,...more

CEQA Review of Cannabis Regulations - Comment Period Opens on Draft Program Environmental Impact Report of MCRSA and AUMA

by Best Best & Krieger LLP on

The California Department of Food and Agriculture recently released its CalCannabis Cultivation Licensing Draft Program Environmental Impact Report. The intent of the PEIR is to conduct environmental review of the regulations...more

Florida Medical Marijuana Licensure Update

by Foley & Lardner LLP on

After no bill was passed during the 2017 regular session, the Florida Legislature passed Senate Bill 8A in a special session and provided for the issuance of 10 new “Medical Marijuana Treatment Center” (MMTC) licenses to...more

Sobering Results: Recent Study Suggests Drug Use Is Up Among American Workers

A recent study conducted by the drug testing company Quest Diagnostics indicates that the rate of positive drug test results among the U.S. workforce is at a 12-year high, driven by increased cocaine, amphetamines, and...more

Marijuana Legalization Moves Forward In New Jersey

by Fox Rothschild LLP on

In advance of a Senate Judiciary Committee hearing held June 19, 2017, New Jersey State Senator Nick Scutari released the text of Senate, No. 3195, or SB 3195, the long-awaited bill legalizing cannabis in New Jersey. In a...more

Update on Marijuana Progress at the Maine Legislature

by PretiFlaherty on

As of early June 2017, Maine’s implementation of the legalization of marijuana for adult use continues to chug along. The Maine Legislature’s Joint-Select Marijuana Legalization Implementation Committee has been meeting...more

Dispensaries Can Maintain a Drug-Free Workplace

Employers in the medical marijuana industry have a right, like all California employers, to maintain a drug-free workplace. For example, Prop 64, which made it legal for individuals to use and grow marijuana for personal use,...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

by Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Legalization of Marijuana Leads to Increase in Drugged Driving

In 2016, California voters approved Proposition 64 which legalized marijuana use for recreational purposes. The law, which went into effect January 2017, allows any California citizen over the age of 21 to smoke marijuana in...more

Temporary Injunction May Delay Recreational Marijuana Sales In Nevada

by Fox Rothschild LLP on

A temporary restraining order granted to a group of alcohol distributors may delay the sale of recreational marijuana in Nevada, which was scheduled to begin on July 1. On May 30, 2017, the First Judicial District Court of...more

Interpreting the renewed Rohrabacher-Farr Amendment: A loophole for enforcement?

by Thompson Coburn LLP on

In 2013, the U.S. federal government shut down while federal legislators debated about various political issues of the year. However, during that debate, an amendment was added to the final spending bill that stated as...more

2017 Vermont Legislative Session | The Year in Review - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

A May 18th adjournment brought to a close the first half of the 74th biennial session of the Vermont General Assembly. Drama awaits as Gov. Phil Scott has threatened to veto H.518, the fiscal year 2018 budget, over an...more

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