Marijuana

News & Analysis as of

The Employment Law Authority - March/April 2017

EXECUTIVE ORDERS MARK A RISING, ROILING TIDE OF IMMIGRATION ENFORCEMENT ACTIONS - In his first week in office, President Donald Trump launched a series of executive orders (EO) directing large-scale changes on...more

Marijuana and Privacy: A Primer

Legal marijuana is America’s fastest-growing industry. According to ArcView Market Research, cannabis revenue is expected to exceed $22 billion by 2020—nearly double that of the NFL. This past year, Colorado saw its sales...more

Maine Delays Effective Date of Anti-Discrimination Provisions of Recreational Marijuana Law

On November 8, 2016, Maine voters approved “Question 1”—An Act To Legalize Marijuana (“ALM” or “the Act”). “Emergency” legislation since passed by the Maine legislature and signed by Governor Paul LePage now provides...more

Sustainable Development Update - March 2017 #2

Sustainable Development Focus - Microsoft tests deep-sea data centers for energy-efficient cooling, security - Construction Dive - Mar 1 - Microsoft researchers have developed undersea data centers that...more

Food and Beverage Law Update: March 2017

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

Cannabis Standardization: The Next Step on the Path to Full Legalization

The cannabis industry is about to take a giant leap forward in its quest for legitimacy and long-term stability. On March 1, 2017, the American Society for Testing and Materials (ASTM International) announced that it will...more

So You Want To Invest In A Cannabis Business...

Many people see the green of cannabis as a way to the pot of gold at the end of the rainbow. If you are going to invest in a legal (at a state level) cannabis business, you need to make sure that you know what you purchase....more

U.S. Senators Seek Clarification From Department of Justice Regarding Federal Marijuana Enforcement Priorities

In light of White House Press Secretary Sean Spicer’s recent comments that the Department of Justice may seek “greater enforcement” of the federal laws prohibiting the recreational use of marijuana, eleven U.S. Senators sent...more

Has the DEA Overstepped by Codifying Marijuana Extracts, Including CBD, as Schedule 1 Substances?

At the end of 2016, the Drug Enforcement Agency (DEA) issued a new ruling, codified at 21 C.F.R. § 1308.11(d)(58), establishing all marijuana extracts, not just THC, as illegal under federal law. This has led to a controversy...more

2016 California Employment Law Year In Review

In 2016 employers in California had to adjust to compensation and benefits related changes such as a new state minimum wage, a new method of calculating compensation for “piece-rate employees,” and expanded “kin care”...more

Be Prepared for California’s Environmental Rules: Regulated Cannabis Brings Forth New Water Use Guidelines

Some estimates indicate that up to 70% of marijuana used in the United States comes from California. With the recent passage of Proposition 64, California cannabis production is likely to increase, and the state’s...more

U.S. Senate Urges DOJ to Uphold Cole Memorandum

On Thursday March 2, a bi-partisan group of U.S. Senators wrote a letter to Attorney General Jeff Sessions expressing concern over remarks made by the Trump administration over Department of Justice (DOJ) enforcement against...more

2016 Massachusetts Employment Law Year In Review

2016 Massachusetts Employment Law Year in Review - From case law interpreting one of, if not, the most employee-friendly independent contractor statute in the country to Beacon Hill’s efforts to pass non-competition...more

The end of legalized recreational cannabis under President Trump?

Ever since President Trump took office, the cannabis industry has been holding its breath to see how the new administration would handle the burgeoning industry. Trump’s previous statements about cannabis have been mixed,...more

Odor of Marijuana Grounds for Vehicle Search

In Robinson, et. al. v State, Nos. 37, 39, & 46, September Term, 2016, decided January 20, 2017 (Watts, J.), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”) held that a law enforcement officer...more

Florida Employers: Here Comes Medical Marijuana – Are You Ready?

Florida voters turned out in droves to pass Amendment 2 to legalize medical marijuana. This Constitutional Amendment greatly expanded what was once a very narrow right in Florida to be treated with low dose THC cannabis....more

What Would "Greater Enforcement" Mean for Washington's Cannabis Businesses?

Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press...more

White House Previews Federal Marijuana Policy

Late last week, the White House provided the most significant insight since the inauguration as to how the Trump Administration will handle federal marijuana policy. During an afternoon press briefing, White House press...more

Trump Administration Indicates Plans to Increase Enforcement of Recreational Marijuana Laws

To follow up on our prediction last month that the Trump Administration may take a more aggressive stance toward the legalization of marijuana, White House Press Secretary Sean Spicer stated during the February 23 daily...more

Trump Administration May Enforce Federal Laws Prohibiting Non-Medical Use of Marijuana

In one of the Trump Administration’s first public statements on recreational marijuana, White House Press Secretary Sean Spicer stated in a press conference today that the Department of Justice may seek “greater enforcement”...more

The Failure to Warn of Cannabinoid Hyperemesis Syndrome

As more states legalize marijuana for recreational use, the long-term effects of marijuana use —the good and the bad — will continue to have a significant effect on the law, and in particular, products liability law. Products...more

Pennsylvania Accepts Applications for Medical Marijuana Growers, Processors and Dispensaries

The Pennsylvania Department of Health will accept permit applications for medical marijuana grower/processors and dispensaries from February 20, 2017 until March 20, 2017, pursuant to its authority under the Medical Marijuana...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

Hemp: Coming to a Farm Near You?

Plans to expand New York’s Industrial Hemp Agricultural Pilot Program were recently announced by Governor Andrew Cuomo at one of his State of the State addresses. The program, which commenced in 2016, was authorized pursuant...more

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