News & Analysis as of September 20, 2024

Federal v State Law Application

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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 -

Federal Courts and Cannabis Disputes: A New Perspective from Bartch v. Barch

Troutman Pepper on 2/23/2024

On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more

States’ Efforts to Blunt Federal Criminalization of Marijuana

Butler Snow LLP on 9/16/2020

Medical marijuana will be on the ballot this November in Mississippi. Initiative 65 proposes to amend the Mississippi Constitution to allow citizens, certified by physicians, to use medical marijuana. For the most part,...more

Marijuana Tenants and the Effects on Landlord’s Rights in Bankruptcy

Lowndes on 2/12/2020

Though states continue to legalize the use and sale of marijuana for medicinal and recreational uses, under federal law, marijuana remains an illegal “Schedule 1” drug pursuant to the Controlled Substances Act. ...more

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

Stinson LLP on 1/15/2020

In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

In the Weeds: Marijuana Legalization & Employment Laws

Farella Braun + Martel LLP on 7/30/2019

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

Working Through The Weeds Of Cannabis Laws: Prop 64, FMLA, And ADA

McManis Faulkner on 6/11/2019

Proposition 64 changed marijuana laws. What many do not realize is that it did not change employment laws. Employers recognize societal norms are changing with the passing of Prop 64. A new era has commenced and the Family...more

Delaware Court Holds Federal Law Does Not Preempt Employee Protections under State Medical Marijuana Law

Littler on 1/11/2019

The Superior Court of Delaware recently issued a decision confirming the state's protections for medical marijuana users. ...more

Firearms or marijuana? Federal law says you can’t have one with the other

McAfee & Taft on 9/24/2018

With the medical marijuana licensing process now underway in Oklahoma, it might be well to consider some of the effects that holding a patient or commercial license have on an individual’s ability to exercise the right to...more

[Webinar] The Future of Medical Marijuana in Missouri: Dealing With the Disconnect Between State & Federal Law - September 18th,...

Amundsen Davis LLC on 8/29/2018

Businesses in the cannabis industry operate in an environment of sharply conflicting laws and stringent regulations. Now that Missouri appears poised to join the 30 states (so far) that have implemented medical cannabis...more

Extreme caution in marijuana contracts: Bankruptcy relief not available

McAfee & Taft on 8/3/2018

With the passage of SQ788, Oklahoma voters have created a new industry rife with opportunities for Oklahomans. From cultivation, processing, and selling, as well as the services that will support medical-marijuana businesses,...more

Weeded out?

McAfee & Taft on 8/1/2018

Recently, Oklahoma joined the ranks of the 30 states that have legalized medical marijuana, but the state still has work to do on just how to implement its new law. As usual, the devil is in the details. Even though Oklahoma...more

Employment Compliance In The Age Of Legalized Marijuana

Fox Rothschild LLP on 7/23/2018

Cannabis—or marijuana, as it is commonly known in the United States—is illegal under federal law. However, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as...more

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

FordHarrison on 7/17/2018

Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...more

Part 1 of 2: The Impact of Marijuana for Employers

Cozen O'Connor on 5/10/2018

This episode begins a two-part bonus series looking at the impact of recent marijuana regulation on employers. Today’s part one episode features a roundtable discussion on the policies and politics of cannabis....more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 2/8/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Assessing the Sessions Memo’s Impact on Legalized Marijuana

Burns & Levinson LLP on 1/10/2018

As most are by now likely aware, last Thursday, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys entitled “Marijuana Enforcement,” which noted that decisions to prosecute even legal marijuana have...more

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on 1/8/2018

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

Sessions Memo Resets Federal Marijuana Enforcement Policy

Mintz - Health Care Viewpoints on 1/5/2018

The U. S. Department of Justice (DOJ) issued a memo dated January 4, 2018 regarding federal marijuana enforcement policy, directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established...more

AG’s Conflicting Marijuana Policy Comments Leave Some Dazed And Confused

Fisher Phillips on 12/5/2017

If you have been following recent comments by Attorney General Jeff Sessions in an attempt to predict marijuana policy under the Trump Administration, you might be left scratching your head. In recent comments before...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

Fisher Phillips on 6/9/2017

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

What Should the Medical Marijuana Industry Prepare For If the New Rider Is Not in the Next Appropriations Bill in September?

Foster Garvey PC on 5/3/2017

The House Appropriations Committee released the 2017 Omnibus Appropriations bill on May 1 as part of the fiscal year. Congress decided to continue the 2015 rider[1] that prohibits the Department of Justice from spending funds...more

What Would "Greater Enforcement" Mean for Washington's Cannabis Businesses?

Foster Garvey PC on 3/1/2017

Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press...more

DEA Rejects Petitions Seeking to Reschedule Marijuana

Morgan Lewis on 8/15/2016

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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