News & Analysis as of

Let’s Be Blunt: Recreational Marijuana Will Bring New Regulatory Challenges to Gaming Licensees in Nevada

As Nevada voters are bombarded with messaging both for and against the legalization of recreational marijuana leading up to the vote on “Question 2” on the November state ballot, Nevada’s gaming industry watches with what we...more

Weed in the Workplace: What You Need to Know

You have not heard the presidential candidates discuss medical marijuana or efforts to decriminalize recreational use. Nevertheless, state legislatures and local governments have been tackling these issues for some time,...more

Today’s GLVCC Healthcare Summit and Medical Marijuana

Yesterday, I attended the Greater Lehigh Valley Chamber of Commerce’s 2016 Healthcare Summit. For me, the highlight of the event was the panel discussion regarding the workplace implications of Pennsylvania’s medical...more

Top Ten Things to Know About Nevada's Question 2

The Basics: Question 2 is an indirect initiated state statute (the “Act”). Question 2 legalizes the possession, purchase, transportation and consumption of one ounce or less of marijuana (and one-eighth of an ounce or less of...more

Retail and Consumer Products Law Roundup - October 2016

Supreme Court to Review Credit Card Surcharge Statutes - Why it matters: In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card...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 Community College System Seeks Increase in State Funding - In the upcoming...more

Cashed Cannabis: Required Reports for Amounts Exceeding $10,000

Is your cannabis business ready for an IRS exam? IRS examinations are increasingly focused on IRS Form 8300 reporting requirements. These requirements are the result of USA PATRIOT Act provisions requiring all trades or...more

Medical Marijuana in Massachusetts – DPH Proposes Amendments to Regulations

The Massachusetts Department of Public Health (DPH) has released for public comment proposed amendments to DPH’s Medical Marijuana Regulations (105 CMR 725) (the “regulations”). DPH believes that believes the proposed...more

Municipal Legal News

On September 21, Governor Snyder signed a package of bills (2016 PA 281-283) that significantly expands the types of medical marijuana facilities permitted under state law, and establishes a licensing scheme similar to the...more

OLCC Eases Transition From Medical to Recreational Marijuana Sectors (and Releases Related Business Resources)

The Oregon Liquor Control Commission (OLCC) recently adopted new rules designed to ease the transition from the Oregon Medical Marijuana Program (OMMP) to the OLCC regulated recreational marijuana industry. The rules address...more

New Laws Provide Clarification for Medical Marijuana Patients, Caregivers and Provisioning Centers

On September 21, 2016, Governor Snyder signed a three-bill package to clarify the state's voter-approved medical marijuana law adopted in 2008. House Bills 4209, 4210, and 4827 authorize cities, townships and villages to...more

California Ballot 2016: Pros and Cons of Props 62-67

This is part three of our ongoing series, California Ballot 2016, summarizing each of the 17 state-wide measures voters will encounter on the November ballot. Click these links: Props 51-56, or Props 57-61 to catch up on the...more

Ninth Circuit Enjoins DOJ from Prosecuting Medical Marijuana Growers, But Future Uncertain

On August 16, 2016, the Ninth Circuit made an unexpected decision — it enjoined a federal criminal prosecution against medical marijuana growers in the Ninth Circuit. In the published opinion1, the three-judge panel (Justices...more

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

A State-by-State Summary of Marijuana Laws

Looking for a handy source that explains the current state of marijuana laws in the U.S.? Joshua Horn and Nicholas Casiello, Jr., who head up our firm’s Cannabis Practice, have the answer. They’ve compiled an E-book entitled:...more

Before You Subscribe: Cannabis Investor Education

WITH ANY BUSINESS OPPORTUNITY COMES RISK AND THE CANNABIS industry is no different. Cannabis investors need to consider whether the potential recipient of their investment dollars has sufficient liquidity and access to...more

Northern Spotted Owl Listed As a Threatened Species Under the California Endangered Species Act

On August 25, 2016, the California Fish and Game Commission (Commission) voted unanimously to list the northern spotted owl (Strix occidentalis caurina) as a threatened species under the California Endangered Species Act. ...more

Court Affirms Preliminary Injunction Against Medical Marijuana Collective

On August 30, 2016, the Court of Appeal for the Second Appellate District affirmed a preliminary injunction in a nuisance abatement action brought on behalf of the People of the State of California against a Los Angeles-based...more

Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In...more

Ninth Circuit Uproots Department of Justice Prosecution of Medical Marijuana Cases

On August 16, 2016, the United States Court of Appeals for the Ninth Circuit rebuked the Department of Justice (“DOJ”) in United States v. McIntosh, a case that involves the tension between federal and state laws involving...more

The Marijuana Industry’s Big Win: The DEA’s Refusal to Reschedule

Earlier this year, when the U.S. Drug Enforcement Agency (DEA) indicated it would have an announcement regarding a now five-year-old petition to reschedule cannabis, numerous industries on the “outside looking in” were...more

New Grower/Processor Regulations Released

On August 18, 2016, the Secretary of Pennsylvania’s Department of Health (“DOH”), Dr. Karen Murphy, announced that the DOH has posted draft temporary regulations (“Regulations”) focusing on the 25 medical marijuana...more

Firing Of Pot-Smoking State Employee Goes Up in Smoke by CT Supreme Court

You might think that smoking pot on the job as a state employee would be justifiable grounds to get you fired. A no-brainer, right?...more

D.H. v. Clayton County School District - A Federal Appeals Court Reaffirms New Jersey v. TLO

In the light of Riley v. California and United States v. Wurie, which imposed a warrant requirement for the search of cellular phones incident to lawful arrest, some legal commentators believed the courts were poised to...more

California Court of Appeal Resoundingly Rejects A Statutory Right To Access Medical Marijuana Shops By The Disabled

Pursuant to the Americans With Disabilities Act (“ADA”) (42 U.S.C. Section 1201, et seq.) and California’s Civil Code Section 54 (the “DPA”), individuals with disabilities are entitled to “the same rights as the general...more

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