News & Analysis as of

Marijuana Dept. of Justice

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

by Jackson Lewis P.C. on

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

U.S. Senate Urges DOJ to Uphold Cole Memorandum

by Tucker Arensberg, P.C. on

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

The end of legalized recreational cannabis under President Trump?

by Thompson Coburn LLP on

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

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

by Garvey Schubert Barer on

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

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

by Jackson Lewis P.C. on

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

Emerging Trends Newsletter - Q4

by Stinson Leonard Street on

The Volcker Rule Under the Trump Administration - The so-called Volcker Rule—named after Paul Volcker, a former chairman of the Federal Reserve Board—was part of the Dodd-Frank Wall Street Reform and Consumer Protection...more

2016/2017 Labor & Employment Observer

by Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

State Ballot Wins Only Amplify Questions About Pot Banking

The 2016 election will be remembered not only for the memorable presidential race but also for what was effectively a national referendum on cannabis. Eight states passed laws allowing its use. Medical marijuana is now...more

Post-Election Events Making Waves in the Cannabis Industry

by Baker Donelson on

As we reported previously, the cannabis industry had a historic election night, with eight out of nine states approving their respective referendums legalizing some form of adult cannabis use. In the short time since that...more

Warning to "Marijuana Investors" Consider Federal Enforcement

by Sanford Millar on

The Controlled Substances Act ("CSA") lists Marijuana (cannabis) as a Schedule 1 drug. That means "the drug or substance has no currently accepted medical use in treatment in the United States. Efforts to reclassify marijuana...more

Selling Marijuana is still a Federal Crime, but income must be reported

by Sanford Millar on

The prevalence of state laws legalizing the sale of marijuana does nothing to change federal law. Marijuana remains a Schedule 1 drug under the Controlled Substances Act, (21 USC 801, et seq). The act of manufacturing,...more

California Ballot 2016: Pros and Cons of Props 62-67

by Lewitt Hackman on

This is part three of our ongoing series, California Ballot 2016, summarizing each of the 17 state-wide measures voters will encounter on the November ballot. Click these links: Props 51-56, or Props 57-61 to catch up on the...more

Ninth Circuit Enjoins DOJ from Prosecuting Medical Marijuana Growers, But Future Uncertain

by Cozen O'Connor on

On August 16, 2016, the Ninth Circuit made an unexpected decision — it enjoined a federal criminal prosecution against medical marijuana growers in the Ninth Circuit. In the published opinion1, the three-judge panel (Justices...more

Ninth Circuit Uproots Department of Justice Prosecution of Medical Marijuana Cases

by Arnall Golden Gregory LLP on

On August 16, 2016, the United States Court of Appeals for the Ninth Circuit rebuked the Department of Justice (“DOJ”) in United States v. McIntosh, a case that involves the tension between federal and state laws involving...more

Your daily dose of financial news - The Brief – 8.5.16

by Robins Kaplan LLP on

The DOJ has asked the 2d Circuit to reconsider its May decision overturning the 2013 jury verdict (and subsequent $1.27 billion penalty) against Bank of America for fraud relating to its mortgage-generation HUSL program....more

Bongs and Busts – the Danger of State Cannabis Laws to Non-U.S. Citizens

by Garvey Schubert Barer on

Seattle, Washington, where I practice, is one of the most popular tourist destinations in the U.S. Its natural beauty and cosmopolitan vibe are two of its biggest attractions. But increasingly, Cannabis Tourism has been a...more

LCB Updates List of Approved Pesticides

by Garvey Schubert Barer on

With reports of significant non-approved pesticide use by some in the industry, the LCB has increased its focus upon pesticides. In addition to emergency regulations addressing product recalls and pesticide action...more

Federal court rules that DEA must stop interfering with compliant medical marijuana businesses

by Dentons on

On October 19, 2015, the United States District Court for the Northern District of California rejected an argument by the US Government seeking a narrow interpretation of congressional legislation designed to limit federal...more

Medical Marijuana and Commercial Real Estate in California and Beyond

by Best Best & Krieger LLP on

BB&K attorney Seena Samimi discussed in a Lawline presentation how conflicting medical marijuana laws impact commercial real estate owners, and what they should know in leasing to dispensaries. Real estate impacts...more

Assembly Bill 266 provides long-awaited medical marijuana regulatory framework in California

by Thompson Coburn LLP on

In 1996, California voters passed Proposition 215 and California became the first state to legalize medical marijuana. Now, 20 years later, AB 266 looks like the state’s best chance at regulating the cultivation and...more

A “Hotbox” Of Legal Issues: California’s Workplace Marijuana Laws

by Seyfarth Shaw LLP on

With New York joining in last year, nearly half the country has laws permitting state residents to use marijuana for medical purposes, and a handful even permit recreational use. California led the movement when it passed the...more

Much Ado About Doing Nothing: DOJ’s Latest Memorandum Cracks Open Door to Marijuana Development on Tribal Lands

In December 2014, the Department of Justice (DOJ) released a policy statement regarding enforcement of marijuana laws in Indian Country. While some media have reported the Department’s statement as carte blanche for tribes to...more

Federal Judge in California Weighs Constitutionality of U.S. Marijuana Classification

by Best Best & Krieger LLP on

Last week, a federal judge indicated she was considering nine defendants’ arguments that Congress’ decision to treat marijuana as a Schedule One controlled substance is unconstitutional....more

Department of Justice Memorandum Regarding Legalization of Marijuana in Indian Country Raises More Questions Than Answers

by Dorsey & Whitney LLP on

On Thursday December 11, 2014, the press was abuzz about a just released Department of Justice memorandum titled “Policy Statement Regarding Marijuana Issues in Indian Country.” Some news outlets heralded the memorandum as a...more

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