News & Analysis as of

Marijuana Medical Marijuana

Taking Control: Oregon SB 1057

The Oregon Legislature recently passed Senate Bill 1057, which currently sits on the Governor’s desk awaiting her signature. The bill primarily addresses the Oregon Liquor Control Commission’s (OLCC) control over the state’s...more

Rhode Island Company Liable for Refusing to Hire Marijuana User – Is Massachusetts Next?

by Partridge Snow & Hahn LLP on

On May 23rd, the Rhode Island Superior Court ruled that a local company is guilty of discriminating against a prospective employee for refusing to hire the employee because the employee actively used medical marijuana...more

Employer’s Refusal To Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds

by Jackson Lewis P.C. on

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under...more

Florida Administrative Judge Increases The Number Of Medical Marijuana Licenses By Two

by Fox Rothschild LLP on

While we wait to see if the Florida Legislature will call a special session to get regulations passed to implement Amendment 2, now comes news that a Florida Administrative Judge has ruled in favor of two growers who who had...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

Arkansas Legislature Adds Employer Protections To Medical Marijuana Law

by Fox Rothschild LLP on

In November 2016, Arkansas passed a constitutional amendment (Amendment 98) establishing a medical marijuana program. The legislature recently added provisions to the law, resulting in significant protections for Arkansas...more

West Virginia Becomes 29th State To Pass Medical Marijuana Legislation

by Fox Rothschild LLP on

On April 19, 2017, Governor Jim Justice signed the West Virginia Medical Cannabis Act, marking the 29th state to adopt such a program. The Act identifies 16 specific medical conditions for which patients can use cannabis...more

Arkansas Goes to Bat on Medical Marijuana: Hits Homerun for Employers

by Baker Donelson on

Across the country, employers and companies are dealing with efforts to decriminalize and legalize marijuana, both medicinal and recreational. In November 2016, by constitutional amendment, Arkansas legalized medical...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

Clock Runs Out On Medical Marijuana In The Florida Legislature

by Fox Rothschild LLP on

Unless a special session is called, the Florida Legislature closes out this session with no agreement on medical marijuana. Issues related to the number of grower licenses and how those licenses would be linked to...more

As Time Runs Out – Florida Senate Passes Medical Marijuana Bill

by Fox Rothschild LLP on

With time running out in the session, Florida’s Senate passed SB 406 (regulations to implement Amendment 2) late last night. Now, the Florida Senate and House need to work out their differences, see my recent post on the...more

Ain’t No Mountain High Enough: West Virginia Passes Medical Marijuana Law

by Fox Rothschild LLP on

On April 19, 2017, West Virginia Governor Jim Justice signed a bill legalizing the use of marijuana for medicinal purposes. With the passage of Senate Bill 386, West Virginia becomes the 29th state to adopt a medical...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

Cannabis in Canada - A Changing Legal Landscape: Product Liability

The licencing, sale and use of cannabis (both medically and recreationally) is likely to result in an increased risk of product liability claims on behalf of patients and consumers, including class action risk for the...more

Cannabis in Canada - A Changing Legal Landscape: Tax

Sales of illegal marijuana have long been subject to tax in Canada (notwithstanding the illegality of the sales), and legal sales of medical marijuana are also currently treated as taxable. From the outset, the federal...more

Federal and Pennsylvania Tax Deduction Limitations on Medical Marijuana Businesses

by Cozen O'Connor on

The growing, processing, dispensing, and use of medical marijuana became legal in Pennsylvania on May 18, 2016, under the Medical Marijuana Act, Act 2016-16 (S.B. 3), 35 P.S. § 10231.101, et seq. (the Act). Medical marijuana...more

Cannabis in Canada - A Changing Legal Landscape: Marketing & Health Regulatory

The extent to which the new law will restrict the advertising and branding of cannabis was, and still is, one of the key unknowns. From industry’s perspective, cannabis should be regulated more like alcohol than tobacco, and...more

Florida House Goes With No Smoking And Limited Licenses, But Unlimited Storefronts For Medical Marijuana

by Fox Rothschild LLP on

In March and April, I posted about two Florida House and one Florida Senate proposals to implement Amendment 2 (which legalized medical marijuana in November 2016). The Florida House of Representatives has now passed HB...more

What Oregon Producers Need to Know Before Their Bump Arrives

On April 28, 2017, the Oregon Liquor Control Commission (OLCC) approved rules allowing licensed recreational cannabis growers to also grow for Oregon Medical Marijuana Program (OMMP) cardholders. The OLCC’s authority to...more

New Regulatory Program for Cannabis Industry Proposed

by Alston & Bird on

On April 28, 2017, the Bureau of Marijuana Control proposed 58 pages of a brand new regulatory program for the newly legalized marijuana industry. The Bureau will hold hearings on June 1, 2017 in Eureka, June 8, 2017 in...more

Denver City Council Extends Business Hours for Retail Stores and Medical Dispensaries

by Fox Rothschild LLP on

Effective today, retail shops and medical marijuana dispensaries in the City of Denver will have the right to remain open until 10:00 PM. Under Colorado law local jurisdictions have the authority to regulate the time, place,...more

West Virginia Enacts Medical Marijuana Law

by Jackson Lewis P.C. on

West Virginia Governor Jim Justice signed legislation that legalizes the use of marijuana for medicinal uses on April 19, 2017. The new law, Senate Bill 386, known as “The West Virginia Medical Cannabis Act,” permits patients...more

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