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Medical Marijuana Decriminalization of 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 -

Massachusetts DPH Clears the Air for For-Profit Conversion of Medical Marijuana Dispensaries

The Massachusetts Department of Public Health (DPH) has provided a much anticipated pathway to enable for-profit entities to operate Registered Marijuana Dispensaries (RMDs). DPH’s Medical Use of Marijuana Program (the “RMD...more

Medical Marijuana 106: Recent Developments in New York

by Farrell Fritz, P.C. on

This blog post is the last in a series of articles discussing the current state of the law in New York regarding medical marijuana. Despite its potential, New York’s Medical Marijuana Program is off to a slow start. The...more

Alert: Amendments to Cannabis Act Announced

The Canadian government’s cannabis legalization bill, Bill C-45, better known as the Cannabis Act (Bill), completed the House of Commons committee process on October 3, 2017. After hearing from a number of witnesses and...more

Affirming Local Control of Land Use Regulation, Court Holds That Ex Post Facto Laws do Not Apply to Ordinances Regulating...

by Miller Starr Regalia on

Although the federal Controlled Substances Act prohibits the use, possession, manufacture, and sale of marijuana for all purposes, numerous states have loosened their own marijuana laws. For example, California’s Proposition...more

Privacy Tip #107 – Medical Marijuana Privacy

As more and more state laws allow the use of marijuana for medical conditions, and dispensaries are opening to provide users with access to marijuana for medical purposes (and recreational use), patients are questioning and...more

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

by Best Best & Krieger LLP on

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

Medical Marijuana 105: Marijuana in the Workplace

by Farrell Fritz, P.C. on

As you may recall from our first post in this series, medical marijuana in New York was legalized through the passage of the New York Compassionate Care Act (“CCA”) in 2014. The CCA also created new anti-discrimination...more

Ohio Medical Marijuana: Status Of The New State Industry

by Roetzel & Andress on

Ohio legalized medical marijuana in the spring of 2016 and has since been developing the Medical Marijuana Control Program (MMCP) to regulate the cultivation, processing, and dispensing of medical marijuana throughout the...more

The Smoke Clears? AB 133 Passes - Bill Makes Numerous Changes to California Cannabis Laws — Effective Immediately

by Best Best & Krieger LLP on

Further amendments to California law regarding licensed commercial cannabis businesses were enacted when Gov. Jerry Brown signed AB 133 on Sept.16. Going into effect immediately, AB 133 removes the requirement that different...more

FL Medical Marijuana Treatment Center License Application Released

The Department of Health has finally released the new Medical Marijuana Treatment Center (“MMTC”) license application and proposed rules, all of which can be found at...more

Protection against DOJ interference with state medical cannabis programs extended until Dec. 8

by Thompson Coburn LLP on

A bipartisan short-term funding deal signed into law by President Donald Trump on Sept. 8 extended the Rohrabacher-Blumenauer Amendment protections for lawful medical cannabis programs that allow producers, retailers and...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis for medical or recreational purposes is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New York,...more

How the Comeau Decision May Affect Inter-Provincial Distribution of Cannabis

A recent appeal regarding the inter-provincial importation of alcohol may have impact on the structure of provincial cannabis distribution in Canada. The appeal of R. v. Comeau (Comeau) is currently before the Supreme Court...more

California Supreme Court Clarifies that Voter Initiatives Are Not Subject to Certain of Proposition 218’s Limitations on Local...

Since Proposition 218 was passed in 1996, which added Article XIIIC to the California Constitution (“Article XIIIC”), local governments have faced heightened restrictions in their abilities to impose taxes. Specifically,...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

The Bubbler: September 2017

What is happening in employment law? We will be providing you with quick employment law updates on a bi-monthly basis in a new series called “The Bubbler.” It will let you know what’s what and who’s who in the...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Decision on medical marijuana and preemption holds lessons for Maine employers

by PretiFlaherty on

A U.S. district court recently held that federal law does not preempt the anti-discrimination provision in Connecticut’s medical marijuana law prohibiting employers from terminating or refusing to hire individuals based on...more

Taxes By Voter Initiative Not Restricted By Article XIII C of the California Constitution - California Supreme Court Holds That...

by Best Best & Krieger LLP on

The power of the initiative is the power of the electorate to propose new laws subject to approval by voters. Filed yesterday, California Cannabis Coalition v. City of Upland et al. looks at the interplay between the...more

Medical Marijuana 103: Patient and Practitioner Regulations in New York State

by Farrell Fritz, P.C. on

This blog post is the third in a series of articles discussing the current state of the law in New York regarding medical marijuana. Read the latest post in the series, Medical Marijuana 102: NYS Registered Organizations and...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

by Littler on

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

National Survey On Marijuana Laws And Regulations (Updated)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Medical Marijuana 102: NYS Registered Organizations and Dispensaries

by Farrell Fritz, P.C. on

This blog post is the second in a series of articles discussing the current state of the law in New York regarding medical marijuana. To read the first post in the series, Medical Marijuana 101: The State of the Law in...more

“But My Doctor Said It Was Cool”: Florida’s New Medical Marijuana Bill and Employment Considerations

Last month, Florida Gov. Rick Scott signed into law a medical marijuana use bill. This was the result of the overwhelming vote (71 percent) in favor of amending the Florida Constitution to allow medical marijuana use as...more

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