Marijuana

News & Analysis as of

Pennsylvania's New Medical Marijuana Act Implicates Employer Drug Policies

Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or...more

Arizona’s Affirmative DUI Defense for Medical Marijuana Patients

As an experienced Arizona DUI defense attorney, I have defended numerous individuals who have been charged with violating the DUI statutes because marijuana or an active metabolite was found in their blood. While the Arizona...more

Pennsylvania's Medical Marijuana Act Leaves Employers' Ability to Enforce Strict Drug-Free Workplace Policies Hazy

On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania. The new law – effective May 17, 2016 – allows patients...more

Medical Marijuana in Pennsylvania: What Physicians Should Know

On April 17, 2016, Governor Wolf signed Act 16 of 2016, making Pennsylvania the 24th state (plus the District of Columbia) to legalize marijuana for medical use. Physicians, not surprisingly, will play a vital role in...more

Implications of the Medical Marijuana Act on Employers

On April 17, 2016, Governor Tom Wolf signed into law The Medical Marijuana Act (SB 3), legalizing medical marijuana for use by patients who suffer from qualifying conditions and who register with the state. The law goes into...more

Man Claims Marijuana Made Him A Killer: The Increasing Scope of Product Liability in the Cannabis Industry: Kirk v. Nutritional...

Like the rest of the manufacturing world, cannabis Industry participants are beginning to face product liability risk following the legalization of marijuana. Last week, three sons of a woman killed by their father during an...more

Emergency Moratorium in Unincorporated King County

In a surprise move, the Metropolitan King County Council imposed a four-month moratorium on accepting or issuing permits for marijuana growers, processors, and retailers. The moratorium took effect Monday, April 25th, and...more

Pennsylvania’s New Medical Marijuana Law: What Employers Need to Know

On April 17, 2016, Pennsylvania Governor Tom Wolf signed Senate Bill 3 (SB3), otherwise known as the Medical Marijuana Act, which legalizes the prescription and use of medical marijuana by persons with a “serious medical...more

What Employers Need to Know About Pennsylvania's New Medical Marijuana Act

SB3, the Pennsylvania Medical Marijuana Act, was signed into law last week. Employers need to take note because employees have protections in the workplace under this Act, and the law specifically sets forth parameters on how...more

Ninth Circuit Agrees That Prohibition on the Possession and Distribution of Cannabis Does Not Violate RFRA

Founder and president of Oklevueha Native American Church of Hawaii, Inc. (“Oklevueha”), Michael Rex “Raging Bear” Mooney, filed suit in 2009 against various federal officials in the Federal District Court of Hawaii.  Mooney...more

PA’s Medical Marijuana Act: Challenges for Employers

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

The Challenges of the Evolving Marijuana Industry: Reconciling State Legislation with Federal Prohibition

Cultivation, production, distribution, or possession of marijuana is a federal criminal offense under the Controlled Substances Act (the CSA). Yet, despite federal prohibition, state-sanctioned marijuana industries have...more

Grateful Marijuana Grower Scores Coverage Victory in Colorado Federal Court

The Green Earth Wellness Center operates a retail medical marijuana business and adjacent growing facility in Colorado Springs, Colorado. In 2012, it purchased commercial insurance from Atain Specialty Insurance Company....more

Blogster's Miscellany: Eight Items Just Begging for More Attention, Comment

Ben deRuyter, a Democrat from Brewster announced this past Friday (April 15) he was withdrawing from the race to succeed Cape Cod state senator Dan Wolf because he wants to spend more time with his family. I’m sure his...more

There Was a Panel on What?? Notes on the ABA Antitrust Spring Meeting Panel on Marijuana Law

Attendees at this year’s Spring Meeting may have been surprised by an unexpected panel: an overview of the status of the law related to the legalization of marijuana and antitrust issues facing the nascent industry. However,...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

Florida Issues Ethics Guidance for Accountants Advising Marijuana Businesses

The Florida Board of Accountancy recently joined a small group of states in issuing guidance on whether providing accounting services to a marijuana related business violates an accountant's ethical requirements. The Board...more

U.S. Supreme Court Rejects Nebraska and Oklahoma’s Lawsuit Challenging Colorado Recreational Marijuana Laws

In December 2014, the States of Nebraska and Oklahoma filed a motion for leave to file a complaint against the State of Colorado with the Supreme Court of the United States (SCOTUS). The motion argued, among other things,...more

Weighing risks and benefits: Cannabis use and metabolic syndrome risk

Metabolic syndrome is a group of risk factors (usually said to include large waistline, high triglycerides, low HDL cholesterol, hypertension, and high fasting blood sugar) that are associated with coronary artery disease,...more

St. Patrick Parade Isn't Quite Wheezing but It's Time to Think about a Rescue Plan

The official celebration of St. Patrick’s Day in Boston came mercifully to a close with the parade on Sunday, March 20, 2016 in Southie. What, if anything, will halt the forces transforming South Boston (and other parts...more

The Oregon Legislature Appears to Have Brought More Joy to the Cannabis Industry: House Bill 4014 Signed Into Law by Governor Kate...

As reported in my November 2015 blog post, in accordance with Internal Revenue Code (“Code”) Section 280E, taxpayers (for purposes of computing federal taxable income) are prohibited from deducting expenses related to the...more

Path to recreational cannabis narrowing in California

Many advocates for cannabis reform laws in California believe that 2016 is the year that recreational cannabis will become legal in the state. As many as 60 state initiatives have been authorized to move forward and circulate...more

Weighing risks and benefits: Cannabis, pain reduction, and opioid abstinence

In a recent study that has been accepted for publication in The Clinical Journal of Pain, researchers assessed the long-term effect of medical cannabis treatment on pain and other outcomes (including sleep problems) in people...more

Medical Cannabis Bill Approved by Florida Senate

On March 7, 2016, the Florida Senate approved a House version of a bill (HB 307) that will allow terminally ill patients to use medical cannabis of all strengths during the last year of their lives. HB 307 is now headed to...more

Statutory Violation Does Not Establish Causation in Wrongful Death Action

In Anthony Toste v. CalPortland Construction, et al. (No. B256946, filed 3/2/16), the California Court of Appeal for the Second Appellate District affirmed the power of the jury to determine causation as an issue of fact in a...more

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