News & Analysis as of

Marijuana Decriminalization of Marijuana

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

by Littler on

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Gaming & Hospitality Legal News: Volume 10, Number 5

by Dickinson Wright on

Recreational Pot Comes to Nevada... But Why Are The Shelves Empty? On July 1, 2017, Nevada became the fifth state in the United States to legalize the sale of recreational marijuana. The epicenter of “what happens here,...more

Continued and Unexpected Roadblocks to Serving MRBs: Fourth Corner Credit Union v. Federal Reserve Bank

by Ballard Spahr LLP on

Part Two of a Three-Part Series - In the second part of this series, we explore the practical effects of the FinCEN and DOJ guidance documents on industries attempting to serve marijuana related business (“MRBs”). On June...more

Banking and the Marijuana Industry

by Ballard Spahr LLP on

Part One of a Three-Part Series - We begin this week with a three-part series on banking and the marijuana industry. States continue to pass medical and recreational use marijuana legislation despite that the fact that the...more

Marijuana Accounting and Legal Compliance

by Moskowitz LLP on

Since marijuana is still illegal at the federal level and subject to continually evolving regulations at the state level, cannabis producers, distributors, and retailers need to develop compliance programs and procedures as...more

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

by FordHarrison on

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law...more

New California Law Simplifies and Harmonizes Medical and Recreational Cannabis Regulations - Bill Collapses Two into One...

by Best Best & Krieger LLP on

Earlier this week, Gov. Jerry Brown signed SB 94 into law to create a single regulatory scheme that addresses both medical cannabis and recreational cannabis. As a budget trailer bill, it is effective immediately....more

Massachusetts House and Senate Tackle Marijuana Policy

On June 21st, 2017, after considering 118 amendments, the House passed sweeping legislation (H.3768) by a vote of 126 to 28 refining the laws governing the legalization of adult-use cannabis....more

CEQA Review of Cannabis Regulations - Comment Period Opens on Draft Program Environmental Impact Report of MCRSA and AUMA

by Best Best & Krieger LLP on

The California Department of Food and Agriculture recently released its CalCannabis Cultivation Licensing Draft Program Environmental Impact Report. The intent of the PEIR is to conduct environmental review of the regulations...more

Florida Medical Marijuana Licensure Update

by Foley & Lardner LLP on

After no bill was passed during the 2017 regular session, the Florida Legislature passed Senate Bill 8A in a special session and provided for the issuance of 10 new “Medical Marijuana Treatment Center” (MMTC) licenses to...more

Marijuana Legalization Moves Forward In New Jersey

by Fox Rothschild LLP on

In advance of a Senate Judiciary Committee hearing held June 19, 2017, New Jersey State Senator Nick Scutari released the text of Senate, No. 3195, or SB 3195, the long-awaited bill legalizing cannabis in New Jersey. In a...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

by Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Temporary Injunction May Delay Recreational Marijuana Sales In Nevada

by Fox Rothschild LLP on

A temporary restraining order granted to a group of alcohol distributors may delay the sale of recreational marijuana in Nevada, which was scheduled to begin on July 1. On May 30, 2017, the First Judicial District Court of...more

Interpreting the renewed Rohrabacher-Farr Amendment: A loophole for enforcement?

by Thompson Coburn LLP on

In 2013, the U.S. federal government shut down while federal legislators debated about various political issues of the year. However, during that debate, an amendment was added to the final spending bill that stated as...more

Banking Cannabis Clients Under Canada’s Anti-Money Laundering Regime

Unlike the United States, where the sale of cannabis remains illegal federally, the sale of cannabis for medicinal purposes has been legalized in Canada. Following a recent announcement by the Canadian government, legislation...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

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

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: Employment & Labour

The pending legalization of non-medical cannabis raises a host of issues for employers. Upon passage of the new legislation, employers can expect to encounter difficult decisions relating to the appropriateness of drug...more

Labour and Employment Alert: Taking the High Road: the Federal Framework and Preparing for the Legalization of Marijuana

by Field Law on

On April 13, 2017, the federal government tabled two new cannabis related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts...more

A Stark Reminder – Marijuana is Still Illegal in Pennsylvania

by Fox Rothschild LLP on

Pennsylvania’s medical marijuana statute has received much attention from the press and the public since its passage just over one year ago. But the legislature and the Department of Health are still finalizing the Medical...more

California Proposes Important Changes to Legal Cannabis Regulation, Including Removal of California Residency Requirements

by Akerman LLP on

Earlier this month, California's nascent Bureau of Cannabis Control proposed legislation designed to harmonize the state's earlier medicinal cannabis regulatory framework (Medical Cannabis Regulatory Safety Act) with the...more

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