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

BankinBits First Quarter Recap

The BankinBits blog, which discusses recent developments in the banking industry, has within the first quarter of 2014 addressed a diverse range of topics including banking services for the marijuana industry, the shuttering...more

BB&K Police Bulletin: Medicinal Marijuana and Probable Cause

Possession of Any Amount of Medicinal Marijuana Enough to Search Automobile - Overview: A California Court of Appeal has ruled that a law enforcement officer’s observation of any amount of marijuana in a vehicle...more

Northwestern/Harvard Research on Effects of “Casual” Marijuana Use Points to Need for More Research

As states, including California, continue to grapple with the medical marijuana/decriminalization question, scientific evidence continues to trickle in concerning the negative health effects of marijuana use. According to...more

The Marijuana Regulation Bill That Keeps Getting Reintroduced

After the Justice Department issued a memo authorizing states to tax and regulate marijuana, Sacramento responded. Assemblyman Tom Ammiano (D-San Francisco) introduced AB 1894, a bill that may be viewed as an initial attempt...more

Capital Wrap-Up for the Week of March 31

Scott Wagner Sworn-In - The Senate’s newest member, Scott Wagner was sworn in on Wednesday. Wagner won the March 18 special election to complete the current term of former Senator Mike Waugh in the state Senate, which...more

Utah Passes “Charlee’s Law”

In the wake of the recent vote in Kentucky that allowed cannabis oil to be administered to patients (particularly children) suffering from severe epilepsy, the governor of Utah has signed a bill passing “Charlee’s Law,” which...more

Kentucky Legalizes Marijuana Oil

Recently, the vastly conservative state of Kentucky Senate unanimously voted (38-0) to pass a bill that would legalize the medical use of marijuana oil. The bill was largely supported by the Kentucky state governor, as well...more

Is Legal Medical Marijuana Coming To Ohio?

Polls show more Americans like the idea, but new criminal law challenges can arise with legalization - One supporting organization, Ohio Rights Group (ORG), is actively working to get the 385,000 valid voter signatures...more

Anti-Money Laundering Compliance Update: FinCEN Issues Guidance For Financial Institutions Providing Services To Marijuana-Related...

On February 14, 2014, the Financial Crimes Enforcement Network (“FinCEN”) issued its guidance “BSA Expectations Regarding Marijuana-Related Businesses” in an effort to clarify Bank Secrecy Act (“BSA”) expectations for...more

Employer To Do List for the New Year

As the new year is getting under way, employers should consider placing these developing issues at the top of their to do list: Social Media Policies - Employers should consider reviewing and updating social...more

"You Can't Fire Me For That – I Was Off Duty!"

Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an...more

Alabama Legislative Update - Week 4: Getting Down to Business

The Alabama Senate is required to vote on sunset legislation by the tenth legislative day and, under current procedures, each sunset bill has to be individually considered by the Senate. ...more

Nevada Clarifies Medical Marijuana Law and Enacts New Law on Arbitration Agreements

Two notable developments to Nevada employment law took place in 2013. The Nevada Legislature not only clarified some ambiguities in the medical marijuana law as it relates to employers, but also enacted a new arbitration...more

Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of...

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

What Employers Need to Know About Marijuana Legalization in Colorado and Washington

Employers should brace for a number of lawsuits trying to expand these laws into something the courts have already said they're not: a right to have marijuana in one's system at work....more

How Will Marijuana Legalization In Colorado & Washington Affect Employers?

Employers are not required to accommodate an employee’s current use of illegal drugs, including marijuana. Moreover, under the Americans with Disabilities Act, an employer can prohibit the illegal use of drugs (including...more

Are You Prepared To Comply With New Employment Laws And Requirements In 2014?

The New Year brings new employment laws and requirements for businesses. For example, as reported in the most recent edition of The Fast Laner, Illinois became the last state to allow people to carry concealed firearms....more

Employment Newsletter - January 2014: Employers Prevail Among the Haze of Growing Medical Marijuana Laws

On January 1, 2014, Illinois became the 21st jurisdiction since 1996 to enact legislation to decriminalize the use of marijuana for medical purposes. The other jurisdictions are Alaska, Arizona, California, Colorado,...more

What Are the Penalties for Marijuana Possession in California?

While recreational marijuana legalization has come to Colorado and Washington State, it may seem odd that it remains possible to be arrested for pot possession in California. But the defeat of Proposition 19 by voter...more

Cities May Ban Medical Marijuana Cultivation

The Third District California Court of Appeal recently ruled that California's medical marijuana laws - the Compassionate Use Act ("CUA") and the Medical Marijuana Program ("MMP") - do not create a constitutional right to...more

Is Chi-Town About to Become High-Town?

Medical marijuana legally blows into the Windy City and the rest of Illinois in 2014, are employers ready? The Compassionate Use of Medical Cannabis Pilot Program Act (the “Act”) takes effect on January 1, 2014, carrying with...more

Reefer Madness: Employees May Use Medical Marijuana Yet Be Fired For Doing So

Despite twenty states allowing the use of medicinal marijuana and two more – Colorado and Washington – allowing recreational marijuana use, employers remain unaffected. Courts consistently find that employers may terminate...more

Court Rejects Marijuana Retail Sale Defense: Medical Marijuana Program and Compassionate Use Act Ban Sales for Profit

A California appellate court recently held that neither the Compassionate Use Act (CUA) nor the Medical Marijuana Program Act (MMPA) allows the sale of marijuana for profit and provided clarification on how to determine...more

Making it Legal - Washington State’s New Pot Laws Finally Finalized

Finally, after almost one year of planning, debate, and hearings, Washington State adopted new regulations related to the growth, sales, and regulation of marijuana. Residents of Washington at last have the information they...more

Connecticut Medical Marijuana Statute Is It Sowing the Seeds of Employer Discontent?

With the enactment of Connecticut’s medical marijuana, Connecticut became the 17th State in the Union to pass legislation legalizing the use of pot in one way or another. As of today, 20 states and the District of Columbia...more

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