Medical Marijuana Dispensaries

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

Ohio Supreme Court Amends Attorney Rules Of Professional Conduct To Specifically Allow Attorneys To Provide Legal Services To...

As previously reported in a Reminger Report back in September of this year, in June of 2016 the Ohio legislature passed a law to allow medical marijuana in Ohio. The law, which was passed was significantly more stringent...more

Florida Amendment 2 Rolls at the Polls: Getting into the Weeds of Medical Marijuana

By an overwhelming 71% of voters saying “yes” to Amendment 2 on Election Day, Floridians successfully made Florida the first Southern state to legalize medical marijuana....more

Half Baked: The Brave New World of Branding Weed

In last week’s election, California voters passed Prop 64, which means recreational marijuana can be sold and used by persons over 21 within the state. But don’t get excited about the gold rush just yet. Recreational...more

Historic Night for Cannabis Legalization

Tuesday night was the biggest electoral victory for cannabis reform since Colorado and Washington's 2012 approval of the recreational use of cannabis, with eight states passing ballot measures legalizing some form of cannabis...more

Medical Marijuana Comes To Arkansas

After a narrow defeat of a medical marijuana proposition four years ago in socially conservative Arkansas, this year’s election result means that Arkansas will soon join many other states and become the first in the so-called...more

Temporary Regulations Issued by the PA Department of Health for Medical Marijuana Laboratories

The Pennsylvania Department of Health has posted suggested temporary regulations for Laboratories that will be testing medical marijuana under the Medical Marijuana Act. There is an open comment period on these proposed...more

Selling Marijuana is still a Federal Crime, but income must be reported

The prevalence of state laws legalizing the sale of marijuana does nothing to change federal law. Marijuana remains a Schedule 1 drug under the Controlled Substances Act, (21 USC 801, et seq). The act of manufacturing,...more

PA Department of Health Issues Temporary Regulations for Medical Marijuana Growers/Processors and Draft Temporary Regulations for...

The Pennsylvania Department of Health has posted suggested temporary regulations for Dispensaries under the Medical Marijuana Act. There is an open comment period on these proposed regulations until November 4, 2016. After...more

Calaveras County Leads The Way Into Greener Territory

Calaveras County is a beautiful gem tucked away amongst the Giant Sequoia trees in the foothills of the Sierra Nevada Mountains. It sits between the vibrant Mokelumne and Stanislaus rivers, and as a historic part of...more

Medical Marijuana in Massachusetts – DPH Proposes Amendments to Regulations

The Massachusetts Department of Public Health (DPH) has released for public comment proposed amendments to DPH’s Medical Marijuana Regulations (105 CMR 725) (the “regulations”). DPH believes that believes the proposed...more

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

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

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

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

Enacting and Enforcing Local Ordinances to Prohibit Medical Marijuana Dispensaries – Up in Smoke?

California’s cities and counties have a long and growing track record successfully defending challenges to their land use authority filed on behalf of medical marijuana dispensaries. These successes are largely a product of...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

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

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

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

Is Cannabis Inventory Covered by Commercial Property Insurance?

A lingering question for the growing cannabis industry has been to what extent insurance could, would or should cover product inventory. Now we have a preliminary answer thanks to a recent decision denying summary judgment to...more

Deadline Removed for Local Government Regulation of Medical Marijuana Cultivation in California

The provision of the Medical Marijuana Regulation and Safety Act that created a March 1 deadline for any local regulations of medical marijuana cultivation was removed last week with Gov. Jerry Brown’s signing of AB 21. The...more

California marijuana dispensary scores victory against DOJ … but how long will it last?

The Marin Alliance for Medical Marijuana (MAMM), one of California’s oldest lawful marijuana dispensaries, won a major victory against the U.S. Department of Justice (DOJ) in October. In U.S. v. Marin Alliance for Medical...more

Marijuana Regulations Growing Like Weeds in California

Although California legalized medical marijuana in 1996, cities have differed widely in their response to medical marijuana dispensaries. Recently, Newport Beach joined Huntington Beach, Laguna Hills, Anaheim and Rancho Santa...more

Investing in cannabis? Industry presents unique considerations

The cannabis industry is estimated to generate $3 billion in revenue this year, with annual sales projected to increase to $8 billion by 2018. As of early November 2015, 23 states (and the District of Columbia and Guam)...more

Federal court rules that DEA must stop interfering with compliant medical marijuana businesses

On October 19, 2015, the United States District Court for the Northern District of California rejected an argument by the US Government seeking a narrow interpretation of congressional legislation designed to limit federal...more

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