Last week, following a six-week notice and comment period, the Alabama Medical Cannabis Commission voted to approve the previously released proposed rules. This is an important step in keeping the program on the timetable set...more
The overturning of Roe v. Wade, combined with a largely unknown workers' compensation case presented to the U.S. Supreme Court — for which certiorari was recently denied — reveal the Biden administration's position on...more
8/5/2022
/ Biden Administration ,
Cannabis Products ,
Certiorari ,
Controlled Substances Act ,
Dobbs v. Jackson Women’s Health Organization ,
Law Enforcement ,
Recreational Use ,
Reimbursements ,
Roe v Wade ,
SCOTUS ,
Workers' Compensation Claim
When people learn that you are a cannabis attorney, there are a range of reactions. Nervous laughter bordering on incredulity may be most common. Another common reaction is the sentiment that investing in cannabis is a...more
This is the first in what we hope will be a regular feature where our editors – Whitt Steineker, Jay Wright, Hunter Robinson, and Slates Veazey – discuss cannabis issues in the news and take a stab at where the cannabis...more
It’s been said that Rome wasn’t built in a day, but they were laying bricks every hour. In an important step for the establishment of a viable medical cannabis program in Alabama, last week the Alabama Department of...more
Ever since the Alabama Medical Cannabis Commission released its proposed rules governing the cultivation, processing, testing, transporting, and dispensing of medical cannabis there have been questions, comments, and concerns...more
With apologies to Ben Franklin and others, nothing is more certain if you operate a cannabis company than your need for access to banking services and insurance (FWIW, the death and taxes part is probably also the case). This...more
When our Cannabis Industry team started this blog, we promised to deliver pop culture references and thought leadership. This one should deliver. Growing up, I was a big fan of Alicia Silverstone. My earliest recollection was...more
One of the largest headwinds facing the cannabis industry is the lack of access to banking services. Many financial institutions refuse to serve the multibillion-dollar cannabis industry given the regulatory uncertainty...more
6/22/2022
/ Banking Regulators ,
BSA/AML ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Financial Institutions ,
Financial Services Industry ,
FinCEN ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Popular ,
SAFE Act ,
Suspicious Activity Reports (SARs)
The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care...more
Only three months – 90(ish) days – until the Alabama Medical Cannabis Commission is scheduled to begin accepting applications for licenses. It was a year ago when this all started. And like raising children, the days pass...more
6/1/2022
/ Agribusiness ,
Alabama ,
Applications ,
Cannabis Products ,
Legalization ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Cultivation ,
Medical Marijuana ,
New Legislation ,
State and Local Government
When Neil Young wrote that “Southern change gonna come at last,” he wasn’t talking about cannabis— but he might as well have been in light of the recent and extraordinary developments in the cannabis industry in the southern...more
5/16/2022
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Constitutional Challenges ,
Dispensaries ,
Healthcare ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
New Legislation ,
Proposed Legislation ,
State and Local Government ,
State Legislatures
When we last examined marijuana reform at the federal level earlier this year, we warned that perfect can be the enemy of good. Our point was that we should not forego meaningful federal cannabis reform by holding out for...more
On May 4, 2022, South Carolina’s medical marijuana bill — SB 150, also known as the South Carolina Compassionate Care Act — was ruled unconstitutional by the state’s House of Representatives.
The constitutional challenge...more
Cannabis operators (from marijuana to hemp-derived products such as CBD) often get the sense they are one of the central targets of the federal government’s reach. But they are not in the same league lately as the COVID-19...more
4/25/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Coronavirus/COVID-19 ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Healthcare ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Warning Labels
What promises to be the first of a litany of legal interpretations of the new Mississippi Medical Cannabis Act (MMCA), Attorney General Lynn Fitch released an official attorney general’s opinion on April 15, 2022, regarding...more
4/25/2022
/ Amended Regulation ,
Business Operations ,
Cannabis Act ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Mixed-Use Zoning ,
Municipalities ,
Property Owners ,
Regulatory Oversight ,
State Attorneys General
The Mississippi Department of Revenue (MDOR) released information on Friday, April 15, regarding the licensing and operations of dispensaries under the medical cannabis regime in Mississippi. We feel like a broken record, but...more
4/22/2022
/ Alcohol Beverage Control ,
Applications ,
Business Licenses ,
Business Plans ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Marijuana Related Businesses ,
Medical Marijuana ,
Proposed Regulation ,
State and Local Government
Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more
4/22/2022
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Section 301 ,
State and Local Government ,
Termination
I have a confession that may not make me very popular around these parts: I am a litigator. That means I am cynical, jaded, grumpy, and always see the worst in people and situations. And while that may make me a bad choice...more
4/22/2022
/ Agribusiness ,
Business Formation ,
Business Litigation ,
Business Strategies ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Documentation ,
Legal Representatives ,
Marijuana ,
Marijuana Related Businesses ,
Recordkeeping Requirements
On April 8, the Mississippi Department of Health (MSDH) used a Friday news dump to release good news on the Mississippi medical cannabis front. We now have a clearer and fuller picture of how the state will regulate testing...more
4/14/2022
/ Advertising ,
Applications ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Comment Period ,
Decriminalization of Marijuana ,
Dispensaries ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Medical Marijuana ,
Proposed Regulation ,
State and Local Government ,
Testing Requirements ,
Work Permits
As the world turns in the new and exciting world of legal medical cannabis in Mississippi, momentum and progress coexist alongside impediments.
The Good -
Yesterday, the Mississippi Department of Health made two...more
4/7/2022
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Governor Reeves ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures
In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more
4/6/2022
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Disability ,
Disability Discrimination ,
Drug Testing ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
State and Local Government ,
Summary Judgment ,
Termination
On April 1, 2022, the House of Representatives passed H.R. 3617 ̶ the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act). This groundbreaking legislation, if passed in the Senate, would roll back more than 80...more
When you do what we do, you get a lot of calls and a lot of questions. Many of the calls and questions are not fruitful. Quite honestly, some of the calls are from folks whose interest in and experience with cannabis is, we...more
Municipalities in Mississippi are electing to opt out of allowing medical cannabis establishments to operate under the Mississippi Medical Cannabis Act or, at a minimum, are holding public hearings to explore that option or...more