Medical Marijuana

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
News & Analysis as of

Health Care Legislation Maryland 2016 First Interim Report

The bills cited and reviewed in this Report are not an exhaustive presentation of all healthcare legislation. Rather, they represent either proposed or adopted legislation that we believe are among the most beneficial,...more

Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In...more

Ninth Circuit Uproots Department of Justice Prosecution of Medical Marijuana Cases

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

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Marijuana Defense Attorney | Does the Odor of Marijuana Justify Probable Cause for a Search?

Can a cop search my home or vehicle without consent just because he smells marijuana? This question is one I field on a regular basis as new clients seek out an experienced marijuana defense attorney. “After all,” the...more

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

Emerging Labor & Employment Law Trends (Part 2)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the last quarter of the year and into 2017. In the first part of this two-part series, we...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

Enacting and Enforcing Local Ordinances to Prohibit Medical Marijuana Dispensaries – Up in Smoke?

California’s cities and counties have a long and growing track record successfully defending challenges to their land use authority filed on behalf of medical marijuana dispensaries. These successes are largely a product of...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

Governor Kasich Legalizes Marijuana After Boy Band Member Could Not

In case you missed it, Ohio Governor John Kasich signed a bill last month making Ohio the 25th state to legalize medical marijuana. This change in the law (effective September 8, 2016) comes following a failed Ohio ballot...more

Medical Marijuana In The Workplace [Video]

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

In the Weeds Between Federal and State Law: Brand Name for Legal Marijuana Sales Denied Federal Registration

In a precedential opinion, the Trademark Trial and Appeal Board (TTAB) affirmed a USPTO refusal to register the trademark HERBAL ACCESS on the basis the use of the mark in commerce was unlawful under the Controlled Substances...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

USPTO Keeps the Door Locked for Marijuana-related Services

Medical marijuana is currently legal in 25 states, including four states that have also legalized recreational use (Alaska, Colorado, Oregon, and Washington). On Nov. 8, California voters will have a chance to make their...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

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