News & Analysis as of

Federal v State Law Application Medical Marijuana

Troutman Pepper

Federal Courts and Cannabis Disputes: A New Perspective from Bartch v. Barch

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On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more

Seyfarth Shaw LLP

The Week in Weed: October 2023 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see there’s a controversy over cannabis use and gun ownership by police officers in Jersey City, New...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Emerging Trends in Medical Marijuana and Workers' Compensation Laws - August 2nd, 1:00 pm - 2:00 pm ET

Join us for an informative webinar with our workers' compensation attorneys as we delve into the dynamic landscape of medical marijuana and its implications in workers' compensation claims in four key states: New Jersey,...more

Perkins Coie

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

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On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more

Williams Mullen

Williams Mullen Manufacturing Edge Video Series - Episode 1

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In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Partridge Snow & Hahn LLP

U.S. Supreme Court Justice Says Current Federal Cannabis Prohibition is "Contradictory and Unstable"

Last month, the U.S. Supreme Court denied review of a case out of Colorado dealing with a medical marijuana dispensary’s challenge to a tax code provision. After denying review, Justice Thomas—one of the Court’s most...more

McGuireWoods LLP

Edible Bites Episode 8: Impact of Cannabis Legalization on Government Contractors

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In the newest episode McGuireWoods’ Edible Bites video series, Kate Hardey, Royce DuBiner and Rose Stern explore common questions and red flags for government contractors given the current conflict between state and federal...more

Butler Snow LLP

States’ Efforts to Blunt Federal Criminalization of Marijuana

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Medical marijuana will be on the ballot this November in Mississippi. Initiative 65 proposes to amend the Mississippi Constitution to allow citizens, certified by physicians, to use medical marijuana. For the most part,...more

Lowndes

Marijuana Tenants and the Effects on Landlord’s Rights in Bankruptcy

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Though states continue to legalize the use and sale of marijuana for medicinal and recreational uses, under federal law, marijuana remains an illegal “Schedule 1” drug pursuant to the Controlled Substances Act. ...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

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With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Stinson LLP

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

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In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

Lowndes

Cannabis Conundrum: No Federal Trademark Protections Without Federal Legalization

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Despite the trend of state legalization of cannabis and overwhelming market attention paid to cannabis companies, owners of cannabis businesses still cannot obtain federal trademark protection for their cannabis related...more

Seyfarth Shaw LLP

Holding Up the Green: Hart-Scott-Rodino and its Impact on Cannabis M&A Transactions

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Although the federal government seems to have turned a blind eye to the legalization of the medical and even recreational use of cannabis in certain states, they have not relinquished their duty to maintain competitive...more

Seyfarth Shaw LLP

National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees

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Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more

Perkins Coie

New Legislation Lets Students Use Medical Marijuana at School

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Washington Governor Jay Inslee signed into law legislation in April 2019 that requires school districts to allow parents and guardians to administer to their child marijuana-infused medications on school grounds, in school...more

Farella Braun + Martel LLP

In the Weeds: Marijuana Legalization & Employment Laws

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

McNees Wallace & Nurick LLC

New Jersey Expands its Medical Cannabis Act to Include Workplace Protections

Prior to July 2nd, New Jersey’s Medical Cannabis Act lacked protections for employees’ off-duty medical marijuana use.  Indeed, last year the U.S. District Court for the District of New Jersey held that nothing in the Medical...more

McManis Faulkner

Working Through The Weeds Of Cannabis Laws: Prop 64, FMLA, And ADA

McManis Faulkner on

Proposition 64 changed marijuana laws.  What many do not realize is that it did not change employment laws.  Employers recognize societal norms are changing with the passing of Prop 64.  A new era has commenced and the Family...more

Littler

Delaware Court Holds Federal Law Does Not Preempt Employee Protections under State Medical Marijuana Law

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The Superior Court of Delaware recently issued a decision confirming the state's protections for medical marijuana users. ...more

Cozen O'Connor

The ADA and Pennsylvania Medical Marijuana: Top 5 Pitfalls for Healthcare Employers

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Navigating the landscape of reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be particularly challenging to clients in the healthcare industry. ...more

McAfee & Taft

Firearms or marijuana? Federal law says you can’t have one with the other

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With the medical marijuana licensing process now underway in Oklahoma, it might be well to consider some of the effects that holding a patient or commercial license have on an individual’s ability to exercise the right to...more

Amundsen Davis LLC

[Webinar] The Future of Medical Marijuana in Missouri: Dealing With the Disconnect Between State & Federal Law - September 18th,...

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Businesses in the cannabis industry operate in an environment of sharply conflicting laws and stringent regulations. Now that Missouri appears poised to join the 30 states (so far) that have implemented medical cannabis...more

Ballard Spahr LLP

Banking and Marijuana, Redux: Utah Department of Financial Institutions Commissioner Declares Opposite Position to New York’s...

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As we just blogged, the New York State Department of Financial Services (“NYDFS”) has published guidance to “clarify the regulatory landscape and encourage” New York, state-chartered banks and credit unions to “offer banking...more

Ballard Spahr LLP

The Medical Marijuana Industry and AML: Opportunities and Risks

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New York State Encourages Banking for State-Licensed Medical Marijuana Businesses – Whereas a Maine Company Runs Into Trouble, Despite State Law Legalizing Medical Marijuana....more

Ballard Spahr LLP

Federal Judge in N.J. Dismisses Employee's Claim of Failure to Accommodate Medical Marijuana Use

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In Cotto v. Ardagh Glass, Inc., plaintiff Daniel Cotto, Jr., a forklift operator, hit his head while working and was sent for a medical examination. Pursuant to Ardagh's policy, Mr. Cotto was required to take a drug test as a...more

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