Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more
9/26/2024
/ Americans with Disabilities Act (ADA) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hemp ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
THC ,
Zero Tolerance Policies
Despite the excitement of many over rescheduling cannabis from Schedule I to Schedule III, the move does not make cannabis “legal” unless it is produced, sold, and used within the tightly regulated parameters of the...more
8/9/2024
/ Bankruptcy Code ,
Business Expenses ,
Cannabis-Related Businesses (CRBs) ,
Chapter 13 ,
Commercial Bankruptcy ,
Controlled Substances Act ,
DEA ,
Debtors ,
Decriminalization of Marijuana ,
Insolvency ,
Internal Revenue Code (IRC) ,
Marijuana ,
Popular ,
Receivership ,
Tax Deductions
The Department of Justice’s move to reclassify marijuana as a less dangerous drug, on which it began formal proceedings on May 16, won’t legalize state-level adult use and medical marijuana unless it’s produced, sold, and...more
5/29/2024
/ Agribusiness ,
Bank Service Providers ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Financial Crimes ,
Financial Institutions ,
FinCEN ,
Marijuana ,
Marijuana Related Businesses ,
Racketeering
On May 21, 2024, the Drug Enforcement Agency (DEA) filed the Proposed Rule to move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. In light of the rescheduling marijuana news,...more
5/28/2024
/ Agribusiness ,
Business Expenses ,
Compliance ,
Controlled Substances Act ,
Cost of Goods Sold (COGS) ,
DEA ,
Decriminalization of Marijuana ,
Intellectual Property Protection ,
Investors ,
Labor Regulations ,
Marijuana ,
Marijuana Related Businesses ,
Popular ,
Schedule I Drugs
On May 16, 2024, the U.S. Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The Office of Legal...more
5/20/2024
/ Anti-Money Laundering ,
Comment Period ,
Controlled Substances Act ,
DEA ,
Department of Justice (DOJ) ,
FinCEN ,
Food and Drug Administration (FDA) ,
Marijuana ,
Marijuana Related Businesses ,
Office of Legal Counsel (OLC) ,
Popular ,
Proposed Rules ,
Schedule I Drugs ,
THC
Over the last several years, there has been a dramatic increase in retail and online sales of products containing hemp-derived and synthetically created cannabinoids. As a result, an increasing number of states are poised to...more
As an increasing number of states across the U.S. are becoming marijuana-friendly, many states are simultaneously attempting to enact more restrictive laws with respect to hemp-derived cannabinoids. Participants in the...more
Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still...more
2/1/2024
/ Agribusiness ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Drug Paraphernalia ,
Marijuana ,
Marijuana Related Businesses ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
On January 8, 2024, the Kentucky Cabinet for Health and Family Services (Cabinet) published its long-anticipated first proposed set of medical marijuana regulations. These proposed regulations set forth the operating...more
On November 7, 2023, voters in Ohio approved Ohio Issue 2, the Marijuana Legalization Initiative (the Initiative), which legalizes marijuana for recreational use in Ohio. Among its key provisions, the Ohio Initiative creates...more
11/7/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Tenants ,
Decriminalization of Marijuana ,
Dispensaries ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Foods ,
Medical Marijuana ,
New Legislation ,
Plant Based Products ,
Recreational Use ,
Regulatory Reform ,
Retail Market ,
Social Equity Programs ,
State and Local Government ,
Tax Rates
Tetrahydrocannabinolic acid (THCA) is one of the most misunderstood and controversial cannabinoids in the Cannabis sativa (cannabis) plant. While booming in popularity, THCA is also a high-risk cannabinoid from a legal...more
10/17/2023
/ Cannabis Products ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
NIDA ,
Popular ,
Regulatory Standards ,
Research and Development ,
THC
A hard lesson was learned after cannabis was discovered in a suitcase at the airport: the government does not have to prove cannabis is marijuana to convict you of trafficking in marijuana. A new case recently clarified that...more
New laws and regulations are likely to be implemented in both New Jersey and New York in the very near future, which will greatly affect parties’ abilities to work with marijuana businesses.
Regulating Parties that Deal with...more
7/20/2023
/ Agribusiness ,
Business Licenses ,
Cannabis-Related Businesses (CRBs) ,
Distribution Rules ,
Goods or Services ,
Investors ,
Marijuana ,
Marijuana Cultivation ,
New Jersey ,
New York ,
Retailers
For financial institutions who engage in marijuana-related banking services, the primary compliance challenge remains the disconnect between federal and state law, as it is still illegal to manufacture, distribute, or...more
6/19/2023
/ Agribusiness ,
Bank Secrecy Act ,
Cole Memorandum ,
Controlled Substances Act ,
Department of Justice (DOJ) ,
Financial Crimes ,
Financial Institutions ,
FinCEN ,
Marijuana ,
Marijuana Related Businesses ,
Suspicious Activity Reports (SARs)
In the second installment in a three-part series exploring issues in cannabis and bankruptcy, McGlinchey attorneys Heidi Urness, Timothy Byrd, and Rudy Cerone dive into the bankruptcy protections available to businesses,...more
States Regulating Marijuana Use Off-Site and At Work-
While states continue to regulate employers’ right to refuse to hire, discipline, or terminate employees based on their on- and off-duty marijuana use, some legal tools...more
Today, nearly four-fifths of the United States have regulated medical marijuana markets. Nearly half of the United States, consisting of twenty-one states along with Washington, D.C. and Guam, have acted to legalize...more
3/31/2023
/ Agribusiness ,
Anti-Money Laundering ,
Banks ,
Controlled Substances Act ,
Convictions ,
Credit Unions ,
Decriminalization of Marijuana ,
FinCEN ,
Marijuana ,
Medical Marijuana ,
NCUA ,
Presidential Pardons ,
Racketeering ,
Recreational Use ,
Tax Revenues
Recently an individual employed by Trulieve Inc., who was responsible for grinding and handling cannabis at Trulieve’s cultivation site in Massachusetts, died due to asthma-related complications following exposure to...more
As Ohio’s medicinal marijuana industry grows and the public’s attitude towards marijuana trends toward acceptance, various organizations and lawmakers have begun to lay the groundwork to – at long last – legalize adult use...more
With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...more
1/30/2023
/ Americans with Disabilities Act (ADA) ,
Ban the Box ,
Civil Rights Act ,
Convictions ,
Corporate Counsel ,
Drug Testing ,
Employment Discrimination ,
Employment Policies ,
Marijuana ,
OSHA ,
Policies and Procedures ,
Title VII ,
Wage and Hour
Tax season is nearly upon us. As cannabis businesses and the professionals who advise them can expect, navigating the variations and even direct conflicts that exist between and among the state and federal authorities that...more
In late October, the Alabama Medical Cannabis Commission (AMCC) sent comprehensive License Application Forms to more than six hundred medical marijuana industry hopefuls throughout the state. The deadline to apply for one of...more
We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more
11/10/2022
/ Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Cannabis-Related Businesses (CRBs) ,
Civil Rights Act ,
Controlled Substances Act ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Federal Judiciary ,
Judges ,
Marijuana ,
Medical Marijuana ,
State Courts ,
Title I ,
Title II ,
Title III ,
Title VII
On October 6, 2022, President Biden took his first steps to overhaul federal policy on marijuana. In doing so, he pardoned individuals with federal offenses for simple marijuana possession and initiated review as to how the...more
With the anticipation of federal marijuana legalization, the cannabis industry rang in 2021 with sky-high equity values and anticipated social justice reforms seemingly imminent. However, differing ideas regarding how to...more