News & Analysis as of

Decriminalization of Marijuana

New York May Consider Recreational Marijuana Legalization

by Farrell Fritz, P.C. on

New York is currently taking steps to investigate the possible legalization of recreational marijuana in New York. In July 2017 we talked about the Marijuana Regulation and Taxation Act (“MRTA”), S.3040B/A.3506B, in...more

Recreational cannabis in the workplace: A guide for California employers

by Thompson Coburn LLP on

Do your employees think they can smoke cannabis in the workplace because it’s legal? Are your employees telling you that even though they failed a drug test you have to keep them on as employees? Although cannabis usage is...more

Maine Prohibits Employers From Discrimination Based on Off-Duty Marijuana Use

In 2016, Maine voters approved a referendum that legalizes use of recreational marijuana in the state. Among other things, the referendum prohibits employers from discrimination against employees based on off-duty marijuana...more

Adult-Use Marijuana Legalization In Canada Is Delayed

by Husch Blackwell LLP on

Canada’s attempt to finalize its marijuana legislation making it the second country to legalize adult use marijuana (after Uruguay) hit a snag when Health Minister Ginette Petitpas Taylor conceded yesterday it won’t be done...more

The effects of cannabis legalization on the workplace

by Dentons on

As of July 2018, recreational use of cannabis will be legal in Canada. According to data from other jurisdictions that have already adopted similar legislation, the legalization of cannabis could lead to an increase in the...more

Don’t let your brand go to pot (Part I): 4 things that cannabis brand owners need to know

by Smart & Biggar on

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

Cannabis in the Commonwealth: What Are People Saying?

by Burns & Levinson LLP on

I recently attended the New England Real Estate Journal’s “Cannabis: The Next Phase in Commercial Real Estate” summit, which brought together a number of local players for networking and a high-level discussion of where the...more

Cannabis Branding and Free Speech Considerations

by Dorsey & Whitney LLP on

A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more

Federal Budget Deal Reaffirms Executive Legislative Branch Split in Legalized Medical Marijuana Policy

by Cozen O'Connor on

On February 9, 2018, funding was restored to the federal government through March 23, 2018. The spending legislation is significant for the cannabis industry for two reasons. First, the budget deal extends the...more

DOJ Attorneys Explain New Cannabis Enforcement Plans at Summit

by McDermott Will & Emery on

US Attorneys, state officials and cannabis industry representatives met in Portland, Oregon on February 2 to discuss how to enforcement will change after Attorney General Jeff Sessions announced changes to Department of...more

Green Mountain State Now Even More Green: Vermont Legalizes Recreational Marijuana, Provides Protections for Employers

Beginning in the summer of 2018, Vermont residents will be able to legally possess and use recreational marijuana, under a new law passed in January of 2018. Vermont is the ninth state (in addition to Washington, D.C.) to...more

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

by Fisher Phillips on

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

B.C. Provides Update Relating to Retail and Wholesale Distribution of Non-Medical Cannabis

On February 5, 2018, the British Columbia government supplied additional insight into its proposed retail and wholesale distribution framework for non-medical cannabis through the release of its Private Retail Licensing Guide...more

Big month ahead for federal cannabis policy in Congress

by Thompson Coburn LLP on

With federal protections for medical cannabis set to expire in early February, federal cannabis policy will be closely watched in Congress in the coming weeks. As previously reported on Tracking Cannabis, federal...more

Maine Employees Now Protected From Repercussions Of Off-Duty Marijuana Use

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act contains within it an...more

Ethical Considerations For Attorneys in Light of the Rescission of the Cole Memorandum

by Farrell Fritz, P.C. on

As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th of this year. The Cole Memorandum had served to formally announce the DOJ’s policy that it would...more

Massachusetts Cannabis Control Commission Releases Draft of Regulations for Implementation of Adult-Use Marijuana

by Burns & Levinson LLP on

On December 21, 2017, the Massachusetts Cannabis Control Commission filed a first draft of regulations for the purpose of implementing the legality of adult use of marijuana. The draft—935 CMR 500.000—reflects more than 80...more

Potholes Ahead for Marijuana-Impaired Driving Regulation

by Wilson Elser on

Despite the federal Schedule I status of cannabis, more and more states are legalizing marijuana in some form. The nationwide increase in cannabis use means a rise in the number of cannabis-impaired drivers....more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

by Littler on

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

Navigating the Shifting Winds of Marijuana Enforcement: A Hazy Issue for Employers

by Faegre Baker Daniels on

The legal state of marijuana continues to be in flux, potentially creating thorny issues for employers related to drug testing and policy drafting and execution. Though marijuana is illegal under federal law, as of January...more

Expect Delays: Challenges Ahead for California’s Cannabis Distribution System

by Wilson Elser on

Recreational marijuana sales became legal in California on January 1, 2018, marking a major milestone for the cannabis industry. California has adopted licensing regulations for commercial cannabis businesses, including those...more

Attorney General Jeff Sessions Rescinds Cole Memo

by Moskowitz LLP on

The 2013 Cole Memo was a significant step forward for the cannabis industry, providing practical and useful guidelines to keep the federal government from pursuing prosecutions in states that have legalized marijuana –...more

Vermont’s Governor Signs Recreational Marijuana Law

by Jackson Lewis P.C. on

Vermont’s Governor Phil Scott signed a recreational marijuana law on January 22, 2018. The law is the first recreational marijuana law to be enacted by a state legislature without a ballot initiative. It will take effect on...more

Resource Update: Recreational Marijuana in the New Jersey Workplace

by FordHarrison on

One of Governor Phil Murphy’s top priorities in his new administration is the decriminalization of marijuana in New Jersey. The proposed bill most likely to become law this year comes as employers are just getting comfortable...more

Marijuana by the Numbers

by Burns & Levinson LLP on

As we’ve blogged before, we don’t believe that Attorney General Sessions’ revocation of the Cole Memorandum will have much impact on the regulated, licensed marijuana industry. As of this post, we’ve neither heard nor read of...more

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