News & Analysis as of

Marijuana

California Municipalities Face Difficult Land Use Decisions in Wake of Cannabis Legalization

Following cannabis legalization in California, municipalities are beginning to face difficult decisions related to land use and planning. The challenge in siting industrial and residential uses, often in conflict, is not new...more

Marijuana Is In The Spotlight In Delaware And The Question Is Here: Should Delaware Legalize?

by Morris James LLP on

Marijuana is in the spotlight in Delaware. The question is here: will Delaware legalize? Our best prognostication: not soon. A comprehensive bill, House Bill 110, has been filed by Rep. Helene Keeley and Sen. Margaret...more

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

by Seyfarth Shaw LLP on

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

Arkansas Legislature Adds Employer Protections To Medical Marijuana Law

by Fox Rothschild LLP on

In November 2016, Arkansas passed a constitutional amendment (Amendment 98) establishing a medical marijuana program. The legislature recently added provisions to the law, resulting in significant protections for Arkansas...more

New Oral Swab Technology Determines If Drivers Are High on the Highway

by Wilson Elser on

The California Legislature has yet to establish limits concerning cannabis consumption, following voters’ approval in November 2016 of Proposition 64, which allows recreational marijuana use....more

Marijuana Farm Employees Face Numerous Health Hazards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NIOSH has released a study on the safety and health hazards posed by marijuana growing farms. Of concern for employers are the risks for musculoskeletal disorders, as well as dermal contact exposure to...more

Tenth Circuit Holds Marijuana Dispensary Not Entitled To Injunctions Against IRS

by Fox Rothschild LLP on

In The Green Solution Retail v. U.S., Case No. 16-1281, 10th Cir, May 2, 2017, the Tenth Circuit agreed with the District Court that a marijuana dispensary was not entitled to injunctions intended to stop an IRS examination...more

But Officer, I Only Had One Joint, and It Was Legal!

Adult consumption of marijuana for medical or recreational purposes is legal in many states, including Washington State. Consumption also effectively is decriminalized (but still illegal) in British Columbia, Amsterdam, and...more

DOJ Fires a Warning Shot: New Federal Charging and Sentencing Policy

On May 10, 2017, Attorney General Jeff Sessions issued a memorandum establishing revised charging and sentencing policy applicable to the Department of Justice (the “Charging Memo”). The Washington Post quotes the Attorney...more

West Virginia Becomes 29th State To Pass Medical Marijuana Legislation

by Fox Rothschild LLP on

On April 19, 2017, Governor Jim Justice signed the West Virginia Medical Cannabis Act, marking the 29th state to adopt such a program. The Act identifies 16 specific medical conditions for which patients can use cannabis...more

Arkansas Goes to Bat on Medical Marijuana: Hits Homerun for Employers

by Baker Donelson on

Across the country, employers and companies are dealing with efforts to decriminalize and legalize marijuana, both medicinal and recreational. In November 2016, by constitutional amendment, Arkansas legalized medical...more

Mind the Gap: Connecting CannaBusinesses and Investors

Lane Powell supports the Cannabis Investor Network (CIN) in Seattle. The mission of CIN is to connect accredited investors with state-legal cannabis businesses that need additional capital. Lane Powell hosted the inaugural...more

Medicinal marijuana patients’ protection from federal enforcement extended through the end of the fiscal year on September 30.

In the past five years, twenty-nine states and the District of Columbia (DC) have voted to legalize medicinal marijuana; and seven states and DC have legalized recreational marijuana use. The federal government has...more

Federal Government Introduces Cannabis Legislation

On April 13, 2017, the federal government introduced the Cannabis Act (Act), the much-anticipated legislation to legalize and regulate the use of cannabis for recreational purposes. The Act received first reading on April 13,...more

Clock Runs Out On Medical Marijuana In The Florida Legislature

by Fox Rothschild LLP on

Unless a special session is called, the Florida Legislature closes out this session with no agreement on medical marijuana. Issues related to the number of grower licenses and how those licenses would be linked to...more

As Time Runs Out – Florida Senate Passes Medical Marijuana Bill

by Fox Rothschild LLP on

With time running out in the session, Florida’s Senate passed SB 406 (regulations to implement Amendment 2) late last night. Now, the Florida Senate and House need to work out their differences, see my recent post on the...more

Senate Expected to Vote on Gottlieb Nomination Next Week

by Kelley Drye & Warren LLP on

On May 4, 2017, Senate Majority Leader Mitch McConnell (R-KY) filed cloture on the nomination of Dr. Scott Gottlieb to be the next FDA Commissioner. A cloture vote to end debate will occur Monday afternoon, with 50 votes...more

Ain’t No Mountain High Enough: West Virginia Passes Medical Marijuana Law

by Fox Rothschild LLP on

On April 19, 2017, West Virginia Governor Jim Justice signed a bill legalizing the use of marijuana for medicinal purposes. With the passage of Senate Bill 386, West Virginia becomes the 29th state to adopt a medical...more

Federal Cannabis Legislation: Five Key Considerations for Employers

On April 13, 2017, the federal government introduced the Cannabis Act (Act), which will legalize and regulate the use of cannabis for recreational purposes in Canada. The Act received first reading on April 13, 2017 and, if...more

West Virginia Employers Soon to Enjoy Greater Flexibility in Drug Testing Employees, Despite Enactment of Nation’s 29th Medical...

by Littler on

The West Virginia Legislature recently passed two bills – the West Virginia Medical Cannabis Act and the West Virginia Safer Workplace Act – that dramatically change the landscape of West Virginia’s laws on medical marijuana...more

No Marijuana in Margaritaville: TTAB Rejects Proposed “Marijuanaville” Mark

by Dorsey & Whitney LLP on

A recent decision in an opposition proceeding before the TTAB demonstrates that the leisure industry is sometimes anything but laid back. Rights holders who may be wasting away in paradise can be roused to action when their...more

Cannabis in Canada - A Changing Legal Landscape: Product Liability

The licencing, sale and use of cannabis (both medically and recreationally) is likely to result in an increased risk of product liability claims on behalf of patients and consumers, including class action risk for the...more

Cannabis in Canada - A Changing Legal Landscape: Tax

Sales of illegal marijuana have long been subject to tax in Canada (notwithstanding the illegality of the sales), and legal sales of medical marijuana are also currently treated as taxable. From the outset, the federal...more

Federal and Pennsylvania Tax Deduction Limitations on Medical Marijuana Businesses

by Cozen O'Connor on

The growing, processing, dispensing, and use of medical marijuana became legal in Pennsylvania on May 18, 2016, under the Medical Marijuana Act, Act 2016-16 (S.B. 3), 35 P.S. § 10231.101, et seq. (the Act). Medical marijuana...more

Cannabis in Canada - A Changing Legal Landscape: Marketing & Health Regulatory

The extent to which the new law will restrict the advertising and branding of cannabis was, and still is, one of the key unknowns. From industry’s perspective, cannabis should be regulated more like alcohol than tobacco, and...more

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