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

OLCC Eases Transition From Medical to Recreational Marijuana Sectors (and Releases Related Business Resources)

The Oregon Liquor Control Commission (OLCC) recently adopted new rules designed to ease the transition from the Oregon Medical Marijuana Program (OMMP) to the OLCC regulated recreational marijuana industry. The rules address...more

New Laws Provide Clarification for Medical Marijuana Patients, Caregivers and Provisioning Centers

On September 21, 2016, Governor Snyder signed a three-bill package to clarify the state's voter-approved medical marijuana law adopted in 2008. House Bills 4209, 4210, and 4827 authorize cities, townships and villages to...more

Health Alert (Australia) September 19, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia - 13 September 2016 - Dang Pharmacy P/L v Dang [2016] SADC 106 - This is a review of a decision by...more

News from Second and Sate

Summer Recap: - As of our last newsletter, the General Assembly had recessed after pushing a 2016-2017 state budget over the finish line to meet the June 30 deadline just in the nick of time. Gov. Wolf let the budget...more

Maine WC Alert: WC Board Appellate Division Rules on Medical Marijuana Reimbursement

The Workers’ Compensation Board Appellate Division recently issued decisions in Bourgoin v. Twin Rivers Paper Company, WCB App. Div. No. 16-26 (August 23, 2016) and Noll v. Lepage Bakeries, Inc., WCB App. Div. No. 16-25...more

California Ballot 2016: Pros and Cons of Props 62-67

This is part three of our ongoing series, California Ballot 2016, summarizing each of the 17 state-wide measures voters will encounter on the November ballot. Click these links: Props 51-56, or Props 57-61 to catch up on the...more

Employment Law This Week®: ACA Marketplace Notices, Payroll Card Regulations, Medical Marijuana, Uber’s Arbitration Agreements [Video]

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Ninth Circuit Enjoins DOJ from Prosecuting Medical Marijuana Growers, But Future Uncertain

On August 16, 2016, the Ninth Circuit made an unexpected decision — it enjoined a federal criminal prosecution against medical marijuana growers in the Ninth Circuit. In the published opinion1, the three-judge panel (Justices...more

Massachusetts Regulatory Overhaul: Hospitals, Clinics, Dialysis Units, and Medical Marijuana – Oh My!

The Massachusetts Department of Public Health (DPH) has released proposed amended regulations for the licensure of hospitals, clinics, and out-of-hospital dialysis units, proposed the rescission of separate birth center...more

Top Ten Things To Know About Florida's Amendment 2

The Basics: Amendment 2 is a voter-initiated constitutional amendment legalizing medical marijuana possession and use. Amendment 2 establishes a caregiver-patient system for medical marijuana distribution. Caregivers must be...more

Access to Cannabis for Medical Purposes Regulations (ACMPR) 101: Patients

On August 24, 2016, in response to Justice Phelan’s judgment in the case of Allard v Canada, Health Canada implemented the Access to Cannabis for Medical Purposes Regulations (ACMPR), replacing the Marihuana for Medical...more

Sky Has Not Fallen in Medicinal Pot Shop's First Month in Downtown Boston

I’m wondering how the persons and organizations who tried to block the opening of a medical marijuana dispensary in downtown Boston are feeling now, one month after the dispensary opened. Are they relieved that it has caused...more

Court Affirms Preliminary Injunction Against Medical Marijuana Collective

On August 30, 2016, the Court of Appeal for the Second Appellate District affirmed a preliminary injunction in a nuisance abatement action brought on behalf of the People of the State of California against a Los Angeles-based...more

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

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