News & Analysis as of

Medical Marijuana

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -

NYS DOH Issues Medical Marijuana Emergency Regulations

by Bond Schoeneck & King PLLC on

On October 5, 2017, the New York State Department of Health (DOH) issued emergency regulations with respect to its medical marijuana program. Specifically, nursing homes, adult care facilities, and certain residential...more

In Wake of Disasters, Do Not Just Assume No Coverage Available for Cannabis-Related Losses

by Reed Smith on

As reported extensively in the media over the past week, the cannabis industry has been hit hard by recent natural disasters. While companies doing business in this industry may face some unique challenges in purchasing...more

Could Property Owners Or Tenants Who Grow, Process, 0r Sell Marijuana Make Their Property Tough To Sell?

by Fraser Trebilcock on

What Property Owners Need to Know About Title Insurance and Marijuana Facilities - If you are involved in buying, selling, or leasing real estate involving the booming marijuana industry in Michigan, beware of some...more

Massachusetts DPH Clears the Air for For-Profit Conversion of Medical Marijuana Dispensaries

The Massachusetts Department of Public Health (DPH) has provided a much anticipated pathway to enable for-profit entities to operate Registered Marijuana Dispensaries (RMDs). DPH’s Medical Use of Marijuana Program (the “RMD...more

Arkansas Environmental Federation Health & Safety Seminar: Little Rock, Arkansas – November 2nd

The Arkansas Environmental Federation (“AEF”) will hold a Health and Safety Seminar (“Seminar”) on November 2nd in Little Rock, Arkansas....more

2017 Arizona Case Law Affecting Commercial Real Estate and Lending

by Ryley Carlock & Applewhite on

The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on October 10, 2017. Arizona Case Law – Late Fees and Liquidated Damages Provisions...more

Medical Marijuana 106: Recent Developments in New York

by Farrell Fritz, P.C. on

This blog post is the last in a series of articles discussing the current state of the law in New York regarding medical marijuana. Despite its potential, New York’s Medical Marijuana Program is off to a slow start. The...more

Alert: Amendments to Cannabis Act Announced

The Canadian government’s cannabis legalization bill, Bill C-45, better known as the Cannabis Act (Bill), completed the House of Commons committee process on October 3, 2017. After hearing from a number of witnesses and...more

The ADA: Four Issues To Watch In 2018

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more

Is a Cannabis Lease Void as an Illegal Contract?

by Garvey Schubert Barer on

A fundamental rule of contract law is that “illegal” contracts are not enforceable. But what constitutes an “illegal contract”? Generally speaking, an illegal contract is one where the performance of the contract results in...more

Florida Misses Deadline To Issue New Licenses For Medical Marijuana

by Fox Rothschild LLP on

Pursuant to the law passed earlier this year which implemented Amendment Two (medical marijuana), Florida was required to issue additional licenses for medical marijuana treatment centers (the entities that grow, distribute...more

Affirming Local Control of Land Use Regulation, Court Holds That Ex Post Facto Laws do Not Apply to Ordinances Regulating...

by Miller Starr Regalia on

Although the federal Controlled Substances Act prohibits the use, possession, manufacture, and sale of marijuana for all purposes, numerous states have loosened their own marijuana laws. For example, California’s Proposition...more

Nutter Bank Report, September 2017

Federal Banking Agencies Propose Simplifications to Regulatory Capital Rules - The federal banking agencies have proposed amendments to their regulatory capital rules intended to simplify the capital treatment for mortgage...more

Medical Cannabis May Lose Protection in Upcoming Spending Bill

by Garvey Schubert Barer on

All eyes in the medical cannabis industry are watching a December deadline faced by Congress. A short-term funding deal signed into law on September 8 by President Donald Trump not only kept the government running, it also...more

Privacy Tip #107 – Medical Marijuana Privacy

As more and more state laws allow the use of marijuana for medical conditions, and dispensaries are opening to provide users with access to marijuana for medical purposes (and recreational use), patients are questioning and...more

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

by Best Best & Krieger LLP on

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

Medical Marijuana 105: Marijuana in the Workplace

by Farrell Fritz, P.C. on

As you may recall from our first post in this series, medical marijuana in New York was legalized through the passage of the New York Compassionate Care Act (“CCA”) in 2014. The CCA also created new anti-discrimination...more

Ohio Medical Marijuana: Status Of The New State Industry

by Roetzel & Andress on

Ohio legalized medical marijuana in the spring of 2016 and has since been developing the Medical Marijuana Control Program (MMCP) to regulate the cultivation, processing, and dispensing of medical marijuana throughout the...more

The Smoke Clears? AB 133 Passes - Bill Makes Numerous Changes to California Cannabis Laws — Effective Immediately

by Best Best & Krieger LLP on

Further amendments to California law regarding licensed commercial cannabis businesses were enacted when Gov. Jerry Brown signed AB 133 on Sept.16. Going into effect immediately, AB 133 removes the requirement that different...more

Lawsuit Filed Over Florida Medical Marijuana Law – Carve Out License For Black Farmer Alleged To Be Unconstitutional

by Fox Rothschild LLP on

A lawsuit was recently filed which challenges the constitutionality of part of the Florida law implementing Amendment Two (medical marijuana). A key part of the law was expanding the number of growing licenses that would be...more

Accountant and Attorney Liability NewsBrief - Fall 2017

by LeClairRyan on

Our attorneys have published the Fall 2017 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief. In this issue: - Supreme Court Limits SEC Disgorgement to Five Years - Revised Form I-9 Released:...more

FL Medical Marijuana Treatment Center License Application Released

The Department of Health has finally released the new Medical Marijuana Treatment Center (“MMTC”) license application and proposed rules, all of which can be found at...more

Maine Supreme Court Hears Oral Argument in Two Workers’ Compensation Matters Involving Old-age Social Security Offset and Medical...

by PretiFlaherty on

The Maine Supreme Court heard oral argument in two workers’ compensation cases on September 13, 2017. In Victor Urrutia v. Interstate Brands International, WCB 16-524, an Administrative Law Judge ordered that the employer...more

Protection against DOJ interference with state medical cannabis programs extended until Dec. 8

by Thompson Coburn LLP on

A bipartisan short-term funding deal signed into law by President Donald Trump on Sept. 8 extended the Rohrabacher-Blumenauer Amendment protections for lawful medical cannabis programs that allow producers, retailers and...more

Research into Cannabidiol (CBD) Progresses

by Knobbe Martens on

Kalytera Therapeutics, clinical-stage pharmaceutical company, recently announced plans for clinical trials focused on the treatment of Graft versus Host Disease using Cannabidiol (CBD), a compound found in cannabis. This...more

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