Marijuana

News & Analysis as of

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

BankinBits First Quarter Recap

The BankinBits blog, which discusses recent developments in the banking industry, has within the first quarter of 2014 addressed a diverse range of topics including banking services for the marijuana industry, the shuttering...more

Investment Management Legal + Regulatory Update -- April 2014

In This Issue: - Regulatory Updates: ..NEP Announces Never-Before-Examined Initiative; Examination Priorities for 2014; Division of Investment Management Lists 2013 Accomplishments; Sets 2014 Agenda; Money...more

Hot Employment Topics For 2014-Part VI: Employees' Use Of Marijuana

This is the sixth of a seven-part series describing "Hot Employment Topics for 2014." Part VI focuses upon "Use of Marijuana in the Workplace." Recent publicity about the enactment of laws in several states legalizing...more

Tenant’s Use – Illegal or Not?

Impact on lease provisions of state laws allowing marijuana cultivation and distribution. The State of California was a pioneer in legalizing the use, distribution, and cultivation of marijuana in varying forms. In...more

Could SB 1262 be Implemented Before the 2016 Marijuana Decriminalization Push?

SB 1262 is the bill to watch for marijuana reform as it is the only strong contender for passage. The leading decriminalization effort was pushed to 2016 for money and voter turnout reasons, and no other well-funded (or well...more

DEA Raids and Other Tools for Illegal Dispensary Eradication

California cities that have chosen to ban or limit marijuana dispensaries seem to have found some common tools for ousting those dispensaries continuing to operate illegally. The first city actions seeking to force the...more

Marijuana Possession And Use At Work Justified Dismissal, Despite Employee’s “Drug Problem”

A mining company employee was properly dismissed for possessing and using marijuana at work, a labour arbitrator has held. And the employee had not proven that he had a drug problem that required the employer to accommodate....more

Bringing Your Employees Down From Their High: Drug Testing and Legalized Marijuana

Over the last few years, several states have legalized the use of marijuana under certain situations. In some states, the use of marijuana for medicinal purposes has been legal for some time. In others, and particularly more...more

House Democrats Request Guidance On Banking Access For Marijuana Businesses

On March 5, a group of 16 Democratic U.S. House members sent letters to the leaders of the Federal Reserve Board, the OCC, the FDIC, and the NCUA requesting that the agencies issue guidance that would provide legitimate...more

Decriminalization and Legalization of Marijuana

At the start of this year, Colorado was the first state to implement the legal use of recreational marijuana. It is a huge milestone and an ongoing battle to make weed decriminalized and legal in the United States. While the...more

Marijuana Taxation Update: State Sanctioned Marijuana Industry Must Keep the Federal Anti-Drug Trafficking Tax Code in Mind

As we have previously reported, despite the growing number of States that have authorized the use of marijuana in various forms, the federal government has continued to crack down on dispensaries. In addition to direct...more

Financial Industry Should Remain Cautious Despite Marijuana Banking Guidance

The sale of medical or recreational marijuana is legal in at least twenty states and the District of Columbia. The sale of the drug generates a lot of cash. But banks have been reluctant to permit marijuana-related businesses...more

Financial Services Law - Feb 28, 2014

Light ’em Up: FinCEN’s Cautionary Guidance About Banks Working With Marijuana Companies - The Financial Crimes Enforcement Network’s new guidance on how to work with marijuana-related businesses is unlikely to make it...more

FinCEN Issues Guidance for Financial Institutions Seeking to Provide Services to Marijuana-Related Businesses

The Financial Crimes Enforcement Network (“FinCEN”) issued guidance (the “Guidance”) to clarify FinCEN’s expectations as to how financial institutions (“FIs” and each an “FI”) will meet their compliance requirements under the...more

Anti-Money Laundering Compliance Update: FinCEN Issues Guidance For Financial Institutions Providing Services To Marijuana-Related...

On February 14, 2014, the Financial Crimes Enforcement Network (“FinCEN”) issued its guidance “BSA Expectations Regarding Marijuana-Related Businesses” in an effort to clarify Bank Secrecy Act (“BSA”) expectations for...more

Toke on This: FinCEN Issues Guidelines for Marijuana-Related Businesses

The Financial Crimes Enforcement Network (FinCEN) got a whiff of the fact that financial institutions provide services to burgeoning marijuana-related businesses and published guidance to clarify customer due diligence...more

Banks Shy Away From Processing Marijuana Transactions in Colorado – Will Anyone Step Up?

Last Friday, the Department of Justice (DOJ) and the Department of Treasury, Financial Crimes Enforcement Network (FinCen), both published new guidance in connection with the legalization of recreational marijuana in...more

Will Investing In Marijuana Change Things?

In reading the recent NPR article, “The Green Rush Begins: Investors Get In On Pot’s Ground Floor,” one cannot help but wonder if federal policies regarding marijuana, a drug which remains a controlled substance, are...more

First Glance: Obama Administration's Marijuana Guidelines 'Cold Comfort' For Banks

As long as possession of marihuana remains a federal crime, banks won't touch those businesses with a ten foot pole....more

Penalties For Marijuana Possession In Ohio

Ohio is not among the states, such as Colorado and Washington, that have decriminalized marijuana possession. Nor is Ohio one of the 21 jurisdictions that have legalized medical marijuana. In Ohio, it’s still against the law...more

Wild, Wild West: The Legalization of Marijuana Brings Lots Of Regulatory Concerns

The beginning of 2014 has brought many new laws into effect and we have written on a number of them. But few laws have received more mainstream media exposure than Colorado’s legalization of recreational marijuana. Of more...more

The Legalized Marijuana Industry’s Evolution Is An Exercise In Banking Compliance

On Jan. 1, recreational marijuana officially went on sale in Colorado, marking the first state in the Union to permit the recreational sale and use of marijuana. For the last year — following the passage of Amendment 64,...more

Nevada Clarifies Medical Marijuana Law and Enacts New Law on Arbitration Agreements

Two notable developments to Nevada employment law took place in 2013. The Nevada Legislature not only clarified some ambiguities in the medical marijuana law as it relates to employers, but also enacted a new arbitration...more

Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of...

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

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