News & Analysis as of

Marijuana Medical Marijuana

FL Medical Marijuana Treatment Center License Application Released

The Department of Health has finally released the new Medical Marijuana Treatment Center (“MMTC”) license application and proposed rules, all of which can be found at...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis for medical or recreational purposes is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New York,...more

High Risk, High Reward: An Overview of Navigating IP Rights in the Green Rush

The legal U.S. cannabis market, which includes medicinal and recreational sales, is booming. Last year alone, the industry accumulated an estimated $7.2 billion in revenue, and that number is projected to grow to $21.2...more

How the Comeau Decision May Affect Inter-Provincial Distribution of Cannabis

A recent appeal regarding the inter-provincial importation of alcohol may have impact on the structure of provincial cannabis distribution in Canada. The appeal of R. v. Comeau (Comeau) is currently before the Supreme Court...more

Medical Marijuana 104: Responsibilities of Health Insurers

by Farrell Fritz, P.C. on

It will come as no surprise that patients who are thinking about getting certified for medical marijuana use have a number of questions relating to the cost of obtaining medical marijuana products....more

California Supreme Court Clarifies that Voter Initiatives Are Not Subject to Certain of Proposition 218’s Limitations on Local...

Since Proposition 218 was passed in 1996, which added Article XIIIC to the California Constitution (“Article XIIIC”), local governments have faced heightened restrictions in their abilities to impose taxes. Specifically,...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

CT Medical Marijuana Law Protects Employees; Not Preempted By Federal Drug Laws

by Shipman & Goodwin LLP on

Labor Day has come and gone. Summer is over. Can we all stop listening to Despacito now. (Please?) But it’s time to look at a decision that came out during the dog days of summer that might have been overlooked. A recent...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Decision on medical marijuana and preemption holds lessons for Maine employers

by PretiFlaherty on

A U.S. district court recently held that federal law does not preempt the anti-discrimination provision in Connecticut’s medical marijuana law prohibiting employers from terminating or refusing to hire individuals based on...more

Taxes By Voter Initiative Not Restricted By Article XIII C of the California Constitution - California Supreme Court Holds That...

by Best Best & Krieger LLP on

The power of the initiative is the power of the electorate to propose new laws subject to approval by voters. Filed yesterday, California Cannabis Coalition v. City of Upland et al. looks at the interplay between the...more

California Supreme Court Decision Makes it Far Easier to Raise Taxes

by Miller Starr Regalia on

Since California voters approved Proposition 13 in 1978 to limit property taxes, raising taxes to fund infrastructure, facilities, and services has required a vote at a general election. In subsequent years, Propositions 62,...more

Medical Marijuana 103: Patient and Practitioner Regulations in New York State

by Farrell Fritz, P.C. on

This blog post is the third in a series of articles discussing the current state of the law in New York regarding medical marijuana. Read the latest post in the series, Medical Marijuana 102: NYS Registered Organizations and...more

Medical Marijuana Developments In Florida For August 2017

by Fox Rothschild LLP on

Florida continues to made forward progress on implementation of Amendment Two (medical marijuana) with additional licenses and dispensaries being approved or opened around the state....more

Connecticut Medical Marijuana Law Protects Employees and Is Not Preempted by Federal Drug Laws

by Shipman & Goodwin LLP on

Ever since Connecticut allowed employees to obtain and use medical marijuana, employers have wondered whether, under certain circumstances, federal law would preempt the state law. A recent federal district court case has now...more

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

by Hinshaw & Culbertson LLP on

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

by Littler on

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

National Survey On Marijuana Laws And Regulations (Updated)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Worth Another Look: Marijuana, Phase 2

In January of 2017, the National Conference of State Legislatures (NCSL) published a list of the top 10 issues that will be before state legislatures across the nation this year. While we’re just over a quarter of the way...more

Medical Marijuana 102: NYS Registered Organizations and Dispensaries

by Farrell Fritz, P.C. on

This blog post is the second in a series of articles discussing the current state of the law in New York regarding medical marijuana. To read the first post in the series, Medical Marijuana 101: The State of the Law in...more

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

by Jackson Lewis P.C. on

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

Financing California’s Cannabis Businesses: Public Banking Model as a State-Level Solution

by Wilson Elser on

The California Cannabis Banking Working Group (CBWG) is meeting this week to discuss the prospect of implementing a public banking model in California to facilitate access to financial services for marijuana-related...more

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