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Controlled Substances Act Decriminalization of Marijuana Federal v State Law Application

Troutman Pepper

Legal Cannabis on Trial: Federal Preemption and Connecticut’s Cannabis Challenge

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On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more

Allen Matkins

Despite Decriminalization Of Adult Recreational Use Of Marijuana, Court Finds Its Use Is Not Lawful

Allen Matkins on

Nevada's voters decriminalized adult recreational use of marijuana by voter initiative.  See Secretary of State, Statewide Ballot Initiative Question No. 2, 14 (Nov. 8, 2016, effective Jan. 1, 2017).  Marijuana nonetheless...more

Butler Snow LLP

States’ Efforts to Blunt Federal Criminalization of Marijuana

Butler Snow LLP on

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

Lowndes

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

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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

Stinson LLP

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

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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

Carlton Fields

You Can Transport Hemp Across State Lines, But State Governments May Object

Carlton Fields on

The federal government will not stop you from transporting hemp around the country. Unlike marijuana, which has high THC concentration, hemp has only 0.3 percent of the delta-9 THC concentration on a dry-weight basis. The...more

Farella Braun + Martel LLP

In the Weeds: Marijuana Legalization & Employment Laws

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

Farella Braun + Martel LLP

CBD in Foods and Beverages? Not Quite Yet

The 2018 Farm Bill may have laid the groundwork for getting CBD products on the shelves. On Oct. 27, 2018, the New York Times ran an article with the headline Why is CBD Everywhere?, noting that products infused with...more

Harris Beach PLLC

Legalization of Hemp Will Give Businesses More Recourse and Certainty in Court

Harris Beach PLLC on

The 2018 Farm Bill, once signed into law, is expected to have a liberating effect on hemp and hemp-related businesses. Some of the impacts of this legislation are clear, such as opening the industry to new entrants and making...more

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

McAfee & Taft

Extreme caution in marijuana contracts: Bankruptcy relief not available

McAfee & Taft on

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

Fox Rothschild LLP

Employment Compliance In The Age Of Legalized Marijuana

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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

FordHarrison

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

FordHarrison on

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

Miller Starr Regalia

Do You Feel Lucky, Banker? The Shaky Prospects For Financial Transactions With Marijuana-Related Businesses

Miller Starr Regalia on

Federal law prohibits the manufacture, possession, or use of marijuana for any purpose, including medical purposes. This prohibition notwithstanding, as of January of 2018, 29 states plus the District of Columbia have...more

Cozen O'Connor

Part 1 of 2: The Impact of Marijuana for Employers

Cozen O'Connor on

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

Knobbe Martens

Cannabis Considerations: Protecting your Cannabis Innovation

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Introduction – Is Patenting Cannabis Legal? Early protection of intellectual property is a critical component in any business’s efforts to secure a competitive advantage in the marketplace. In the cannabis space, efforts...more

Fisher Phillips

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

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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

Farella Braun + Martel LLP

Working With a Commercial Cannabis Tenant

The emergence of legalized marijuana for recreational adult use in California, beginning in some counties as early as January 2018, will require those involved in commercial real estate to continue to consider the pros and...more

Dentons

CBD and Hemp Products

Dentons on

We receive many questions regarding the legality of CBD (cannabidiol) and hemp products in Iowa. While there appear to be widely different views on the legality of CBD, it is currently classified as a Schedule I controlled...more

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on

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

Mintz - Health Care Viewpoints

Sessions Memo Resets Federal Marijuana Enforcement Policy

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

Fisher Phillips

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

Fisher Phillips on

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

International Cannabis Bar Association...
People v McElfresh

Application For Leave To File Amicus Curiae Brief And Brief Of Amici National Cannabis Bar Association Et Al. In Support Of...

One of the ways that our Association engages in advocacy on behalf of the legal profession is through amicus briefs. One of our members, Jessica McElfresh, was charged, along with a client, of various felonies under...more

Fisher Phillips

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

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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

Foster Garvey PC

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

Foster Garvey PC on

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

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