Marijuana Medical Marijuana

News & Analysis as of

New Grower/Processor Regulations Released

On August 18, 2016, the Secretary of Pennsylvania’s Department of Health (“DOH”), Dr. Karen Murphy, announced that the DOH has posted draft temporary regulations (“Regulations”) focusing on the 25 medical marijuana...more

California Court of Appeal Resoundingly Rejects A Statutory Right To Access Medical Marijuana Shops By The Disabled

Pursuant to the Americans With Disabilities Act (“ADA”) (42 U.S.C. Section 1201, et seq.) and California’s Civil Code Section 54 (the “DPA”), individuals with disabilities are entitled to “the same rights as the general...more

The silver lining in the DEA’s refusal to reclassify cannabis

As far back as 2011, elected officials have sent letters to the U.S. Drug Enforcement Administration urging it to reclassify cannabis by removing it from the list of Schedule I controlled substances. After promising a...more

DEA Just Said No to Rescheduling Cannabis: Why It Matters

The U.S. Drug Enforcement Agency (DEA) recently denied a petition to initiate proceedings to reschedule cannabis under the Controlled Substances Act (CSA). Thus, Cannabis will remain a Schedule I substance under the CSA. ...more

The DEA Is Getting Past Just Saying No: Scientific Research Into Medical Uses of Marijuana Is a Bridge Toward a Policy Shift

The U.S. Drug Enforcement Agency (DEA)’s recent decision declining to reschedule cannabis is a step bridging the national discussion — a step toward a possible agreement on medical cannabis through scientific research. The...more

DEA Rejects Petitions Seeking to Reschedule Marijuana

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

DEA Rejects Petitions to Reclassify Marijuana, but Opens the Door to Expanded Marijuana Research Efforts

In a long-awaited decision released this morning, the United States Drug Enforcement Administration announced that it has denied two petitions to reschedule marijuana under the Controlled Substances Act (the “CSA”). The DEA...more

DEA Declines to Change Stance on Marijuana but Opens Door to Federally Sanctioned Marijuana Research

On August 11, 2016, the Drug Enforcement Administration (DEA) formally declined to change its position on the medical or recreational use of marijuana, denying two petitions urging the federal government to change marijuana’s...more

Bartender, fired for smoking marijuana at work, loses human rights complaint

A B.C. bartender has lost his human rights compliant after he was dismissed for smoking marijuana on shift. The bartender also served as assistant manager of the restaurant. The employer had a policy that prohibited...more

Medical Marijuana In The Workplace [Video]

In this video podcast, McNees Attorney Denise Elliott discusses medical marijuana’s impact on the workplace....more

From The Sunshine State To The Green State: An Overview Of Medical Marijuana Laws In Florida

In Florida, the controversial fight for expanded use of medical cannabis has been led by groups of impassioned advocates who were narrowly defeated on the 2014 State ballot initiative. However, in light of Florida’s recent...more

Trademark Goods/Services Limitations, Why Not Exclude Any Federal Unlawful Activities?

Those involved in the cannabis industry — where certain activities are legal in some States, but unlawful under federal law — continue to search for creative strategies and solutions in protecting their trademarks and service...more

High Stakes: Investing in a Legal Marijuana Business

Considering diversifying with a high-risk investment? Heard the lure of the “green rush” toward a possible $100 billion legal marijuana industry? Before you write that check... Please see full Article below for...more

Your employee tells you he’s using medicinal marijuana . . . now what?

Since the passage of the Medical Marijuana Act (“MMA”), we have received many questions from employers regarding the MMA’s impact on employment law; one of the most frequent questions being – what do I do if an employee tells...more

Court Declines to Prevent Merger of Washington Medical and Recreational Marijuana Markets

Over the last year, the Washington state marijuana industry has anticipated the transition from an unregulated medical marijuana market to an integrated, medical-recreational market on July 1, 2016, under the Cannabis Patient...more

Medical Marijuana’s Florida Debut: A Process Fraught with Constraints

Florida’s limited medical marijuana program is finally almost ready to go live. For those who have been sitting on the sidelines waiting for the right moment to learn about the program, now is that moment. Recently, the...more

Connecticut Health Law Legislative Update

Current law permits a hospital, health system, or medical school to organize and become a member of a medical foundation, which can practice medicine through its employees or agents who are physicians, chiropractors,...more

Pennsylvania’s New Medical Marijuana Law And The Workplace

Employers in Pennsylvania may or may not be enjoying high times as that state’s Medical Marijuana Act (“MMA”) went into effect on May 17, 2016. This new law allows patients to use marijuana to treat autism, cancer, HIV/AIDS,...more

Ohio Becomes the Latest State to Legalize Marijuana for Certain Medical Uses While Avoiding Constitutional Ballot Initiatives

Last year, Ohio legislators found themselves caught in the middle of a media firestorm created by various pro-legalized marijuana groups who were politically savvy and financially funded enough to place multiple proposed...more

You Should Know - June 2016

Has Legalizing Pot Caused More Road Accidents, Injuries or Deaths? Elizabeth Kemble, a widely admired advocate for kidney health in Oregon, was out for a walk following her third kidney transplant when she was killed by...more

Employers Shielded as Ohio Legalizes Medical Marijuana

It’s official – Ohio is the 26th state to legalize medical marijuana. Governor Kasich has signed House Bill 523, which becomes effective September 6, 2016. At that time, Ohioans can expect that residents with a qualifying...more

Medical marijuana-using welder must give employer treatment records: arbitrator

A worker who used medical marijuana has been ordered to give his employer any medical records touching on his treatment. The worker was a long-service journeyman welder employed at the employer’s potash mine.  He claimed...more

Marijuana in the Workplace

The recent passage of marijuana-use legislation in states around the country raises new issues for employees and employers alike. Twenty-three states and the District of Columbia permit some form of "legalized" marijuana....more

The Legalization of Medicinal Marijuana in PA – What Does it Mean for Employer Provided Insurance Coverage?

Pennsylvania’s Medical Marijuana Act (MMA) was signed into law on April 17, 2016 and officially took effect last week. One of the questions we’ve been asked since the passage of the Act is: how will employer provided...more

Pennsylvania's New Medical Marijuana Act Implicates Employer Drug Policies

Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or...more

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