News & Analysis as of

Marijuana

Littler

Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

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Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and...more

Seyfarth Shaw LLP

The Week in Weed: September 2024 # 3

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we start off with a look at the situation in Nebraska surrounding their cannabis ballot initiatives. Then...more

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

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North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Seyfarth Shaw LLP

The Week in Weed: September 2024 # 2

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see California dealing with intoxicating hemp products. The Eastern Band of Cherokee opens their...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

Vicente LLP

DEA Conducts Joint Raid in Texas on Vape Shops Selling High-THC Products

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On August 27, 2024, nine vape shops operating in Allen, Texas were shut down after the Allen Police Department executed warrants in coordination with the Collin County Sheriff’s Office and the Federal Drug Enforcement...more

Foley Hoag LLP - Cannabis and the Law

Last Call for Delaware Applications: Some tips for Applicants

License hunters may have whiplash with state application processes in Kentucky, Minnesota, and Ohio (10(b) licenses) barely in the rearview mirror, but Delaware’s new license application deadline is fast approaching....more

Bradley Arant Boult Cummings LLP

Federal Appeals Court: Pay That Man His Money, Unless That Money Is Illegal Marijuana Money

Good news, bad news if you’re a cannabis operator that owes money to a creditor. But probably bad news for the rule of law. A federal appellate court has ruled that a cannabis operator is obligated to repay his debts to...more

Clark Hill PLC

Leveraging and Protecting Cannabis Brands Following CSA Rescheduling

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This is an exciting time for cannabis entrepreneurs as the US government is poised to reclassify cannabis as a Schedule III drug in a move that recognizes cannabis’ medical and therapeutic uses and may open the door for new...more

Knobbe Martens

FDA and FTC Crack Down on Delta-8 THC Copycat Products

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In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more

DLA Piper

HHS to DEA: Marijuana Should Be Schedule III – What This Means for The Cannabis Industry

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In a non-public letter sent earlier last week, the US Department of Health and Human Services (HHS) recommended to the US Drug Enforcement Administration (DEA) that marijuana be re-classified under the Controlled Substances...more

Troutman Pepper

Missouri Governor’s Efforts to Ban Unregulated Psychoactive Cannabis Products Meets Resistance

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On August 1, Missouri Governor Michael Parson issued Executive Order 24-10 (the EO), a bold move aimed at addressing consumer safety concerns surrounding unregulated psychoactive cannabis products. The EO sparked a legal...more

Bradley Arant Boult Cummings LLP

Alabama Court Signals Possible Willingness to Allow Medical Program to Move Forward in Part

Over the past nearly two years, I have been talking to friends, clients, and basically anyone at parties about the slow progress (if I might be permitted to use that word in this context) of the Alabama medical cannabis...more

Vicente LLP

Cannabis Rescheduling Hearing Set: What Happens Now?

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The historic US Drug Enforcement Administration (DEA) public comment period for marijuana's proposed rescheduling to Schedule III ended on July 22, 2024. Nearly 43,000 comments were submitted, which was the most comments ever...more

Goodell, DeVries, Leech & Dann, LLP

The 2018 Farm Bill’s Effect on State Cannabis Laws

Whether you practice full time as a cannabis attorney, dabble in cannabis law, or are simply interested in the evolving federal views and laws on marijuana, you may have caught wind that the federal Agriculture Improvement...more

Saul Ewing LLP

Mitigating and Addressing Litigation Risks for Cannabis Businesses

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In part five of our cannabis law series “Saul Sessions," Saul Ewing partners Jonathan Havens and Kayleigh Keilty discuss emerging industry developments and common issues that cannabis businesses face today. This session...more

Jackson Lewis P.C.

DEA Will Hold Public Hearing to Address Marijuana Rescheduling

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The Drug Enforcement Administration announced on August 29, 2024 that it will hold a public hearing to address the proposed rescheduling of marijuana from Schedule I to Schedule III of the federal Controlled Substances Act...more

Bodman

Court of Appeals Rules that Voter-Initiated Charter Amendments Cannot Be Used to Implement Local Regulations Under the MRTMA

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In an opinion released for publication on Tuesday, September 3, the Michigan Court of Appeals has ruled that voter-initiated charter amendments are not a permissible method of implementing the limited local regulations that...more

Seyfarth Shaw LLP

The Week in Weed: September 2024

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. First, we have an update on the Missouri rules dealing with intoxicating hemp products. Then, we see the...more

Troutman Pepper

Happy Hour at 4:20? Lessons from Minnesota’s Booming Hemp-Derived THC Beverage Market

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When Minnesota legislators passed House File 4065 in 2022 — legalizing the sale of certain hemp-derived THC edibles and beverages — few could have predicted that a multimillion-dollar THC-infused beverage market would result....more

Troutman Pepper

NCAA Drug Testing & Cannabinoids: A Break-Up Story

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The National Collegiate Athletic Association (NCAA) is the largest governing body in college athletics. The NCAA regulates all aspects of student athletics among 1,100 schools in the United States. It also organizes the...more

Vicente LLP

Several Texas Cannabis Reform Measures Set to Appear in November General Election Ballot

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With an expanding cannabis and hemp market and an upcoming legislative session that will consider medical cannabis expansion, hemp regulation, decriminalization, and other cannabis matters—we have our eyes on Texas! Texas...more

ArentFox Schiff

DEA Announces December Hearing on Proposal to Reschedule Marijuana

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As we discussed during our recent webinar, the administrative process associated with the US Drug Enforcement Administration’s (DEA) proposed rescheduling of “marijuana” should be expected to proceed slowly and deliberately....more

Kilpatrick

Proposed Rescheduling of Marijuana Under the Controlled Substances Act May Not Improve Industry Access to Financial Services

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Despite the proliferation of state laws that legalize the cultivation and sale of marijuana, federal law has remained an obstacle to access to the U.S. financial system for marijuana sellers and producers. With penalties...more

Saul Ewing LLP

Cannabis M&A: Pain Points and Opportunities

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In part four of our cannabis law series “Saul Sessions," Saul Ewing partners Jonathan Havens and Adam Fayne discuss emerging industry developments and common issues that cannabis businesses face today. This session covers...more

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