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

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

Medical Marijuana and an Employer’s Rights in DC, Maryland, and Virginia

The District of Columbia, Maryland, and Virginia have all taken steps toward legalizing marijuana in some form. However, these laws differ in many respects and raise some interesting questions for employers. Because medical...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

Oakland’s New Medical Cannabis Regulations

On May 17, 2016, the Oakland City Council approved new detailed regulations intended to mainstream medical cannabis retail and commercial operations and pave the way for the City to accept cannabis business permit...more

Arizona’s Affirmative DUI Defense for Medical Marijuana Patients

As an experienced Arizona DUI defense attorney, I have defended numerous individuals who have been charged with violating the DUI statutes because marijuana or an active metabolite was found in their blood. While the Arizona...more

In The Know - 1st Edition, May 2016

Welcome to the first edition of IN, a quarterly digest designed to keep insurers in the know on both the development, as well as the ongoing evolution, of legal trends relevant to first-party property coverage and bad faith...more

Pennsylvania's Medical Marijuana Act Leaves Employers' Ability to Enforce Strict Drug-Free Workplace Policies Hazy

On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania. The new law – effective May 17, 2016 – allows patients...more

Medical Marijuana in Pennsylvania: What Physicians Should Know

On April 17, 2016, Governor Wolf signed Act 16 of 2016, making Pennsylvania the 24th state (plus the District of Columbia) to legalize marijuana for medical use. Physicians, not surprisingly, will play a vital role in...more

Implications of the Medical Marijuana Act on Employers

On April 17, 2016, Governor Tom Wolf signed into law The Medical Marijuana Act (SB 3), legalizing medical marijuana for use by patients who suffer from qualifying conditions and who register with the state. The law goes into...more

Pennsylvania’s New Medical Marijuana Law: What Employers Need to Know

On April 17, 2016, Pennsylvania Governor Tom Wolf signed Senate Bill 3 (SB3), otherwise known as the Medical Marijuana Act, which legalizes the prescription and use of medical marijuana by persons with a “serious medical...more

What Employers Need to Know About Pennsylvania's New Medical Marijuana Act

SB3, the Pennsylvania Medical Marijuana Act, was signed into law last week. Employers need to take note because employees have protections in the workplace under this Act, and the law specifically sets forth parameters on how...more

Workplace Policy Institute Insider Report — May 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The May edition of the Insider Report discusses recent agency...more

PA’s Medical Marijuana Act: Challenges for Employers

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

The Challenges of the Evolving Marijuana Industry: Reconciling State Legislation with Federal Prohibition

Cultivation, production, distribution, or possession of marijuana is a federal criminal offense under the Controlled Substances Act (the CSA). Yet, despite federal prohibition, state-sanctioned marijuana industries have...more

Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?

On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related...more

Grateful Marijuana Grower Scores Coverage Victory in Colorado Federal Court

The Green Earth Wellness Center operates a retail medical marijuana business and adjacent growing facility in Colorado Springs, Colorado. In 2012, it purchased commercial insurance from Atain Specialty Insurance Company....more

“Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?”

For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana. However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up...more

Health Alert (Australia) - April 11, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia 11 April 2016 - Inquest into the death of Roswitha Maria Osang Mrs Osang presented to the Tanunda...more

News from Second and State

It was a busy week in Harrisburg this week, and for a change, the singular focus of the General Assembly was not the state budget. The biggest thing to happen this week—and maybe so far this year—was the final passage of S.B....more

Don’t Get Smoked By Pennsylvania’s New Medical Marijuana Law

Action item: Governor Tom Wolf is expected to sign legislation on Sunday, April 17, that will legalize medical marijuana in Pennsylvania. The new law also prohibits discrimination against certified users of medical marijuana,...more

Counties and Special Districts Prohibited from Enacting Substantially Similar Ordinance Subsequent to a Referendum Petition

California Appellate Court Addresses Prohibition in Medical Marijuana Dispensary Ordinance Referendum Opinion - In County of Kern v. T.C.E.F., Inc., et al., a California Court of Appeal determined that, upon receipt of a...more

Medical Marijuana to be Legal in Pennsylvania

The Pennsylvania House of Representatives on April 13, 2016 passed Senate Bill 3, legalizing medical marijuana in the commonwealth of Pennsylvania. The Pennsylvania Senate had approved the bill earlier in the week....more

There Was a Panel on What?? Notes on the ABA Antitrust Spring Meeting Panel on Marijuana Law

Attendees at this year’s Spring Meeting may have been surprised by an unexpected panel: an overview of the status of the law related to the legalization of marijuana and antitrust issues facing the nascent industry. However,...more

Challenge to Ordinance Prohibiting Mobile Medical Marijuana Dispensaries Goes Up in Smoke

Union of Medical Marijuana Patients, Inc. v. City of Upland (3/25/16, D069293) In 2007, the City of Upland banned both fixed and mobile medical marijuana dispensaries from any zone within the City’s limits. Presumably...more

News from Second and State

Weekly Wrap: - After all the budget buzz last week, it was a very quiet week in the capitol city (and that’s no April Fool’s joke!) So without further ado, let’s turn our attention to what’s on the horizon for next...more

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