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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 -

Marijuana in the Workplace: What Maryland Employers Should Know

by Pessin Katz Law, P.A. on

In light of recent legislation passed in Maryland, employers now face the question of whether or not to amend their existing drug enforcement policies to reflect medical marijuana users in the workplace. Although under...more

2018 California Legislative Update: It’s Spring! What Bills Have Sprung?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Dominating this spring’s planting of proposed employment-related legislation are bills aimed at ending sexual harassment and promoting gender equity. Among the secondary crops are bills regarding...more

Congress Protects Medical Marijuana In New Spending Bill…Adult-Use Is Still Not Addressed

by Husch Blackwell LLP on

Yesterday, details of the Fiscal Year 2018 Budget were released. Congress has once again elected to prohibit the Department of Justice (“DOJ”) from spending money on actions that prevent medical marijuana states giving...more

Effect of Marijuana Legalization on the Workplace

by Smith Anderson on

Federal law prohibits marijuana use. Despite this, over the last few years, many states have legalized marijuana use for both medicinal and recreational purposes. ...more

Fate of legalized cannabis hinges on key vote

by Thompson Coburn LLP on

On Thursday, March 22, U.S. Congress will vote on the most recent omnibus spending bill, allocating the funds approved by President Trump when he signed a budget deal on February 8, 2018. Since 2014, every such spending bill...more

Another Day, Another Challenge to Local Zoning of Medical Marijuana Dispensaries Goes Down in Smoke

by Miller Starr Regalia on

In the year of the 25th anniversary of Groundhog Day, starring Bill Murray, about a weatherman named Phil Connors who finds himself repeatedly living the same frustrating day, a California court rejected yet another lawsuit...more

Key Highlights from Health Canada’s Cannabis Consultation

With the Cannabis Act (Act) slowly winding its way through the Senate, Health Canada has been ramping up its efforts to clarify and define the regulatory framework for cannabis. To support the implementation of the Act, in...more

NYS Senator Gillibrand To Co-Sponsor Marijuana Justice Act

by Farrell Fritz, P.C. on

As we’ve discussed in previous blog posts, marijuana, whether used for medicinal or recreational purposes, is classified as a Schedule 1 drug under the Controlled Substances Act (CSA). ...more

Ohio Physicians Permitted to Apply for Certificate to Recommend Medical Marijuana

by Benesch on

Physicians in Ohio are now permitted to apply for a Certificate to Recommend (“CTR”) medical marijuana for their patients. The State Medical Board of Ohio anticipates the medical board licensure team will present the first...more

Federal Judge to Rule on “Fundamental Clash” Between PA’s Medical Marijuana Act and Federal Law

by Cozen O'Connor on

Judge Gene E.K. Pratter of the Eastern District of Pennsylvania issued an important memorandum opinion regarding the conflict between federal criminal law and the operation of medical marijuana businesses under Pennsylvania...more

DOH Finalizes Temporary Regulations For Clinical Registrants And Academic Clinical Research Centers

by Cozen O'Connor on

The Pennsylvania Department of Health (DOH) published the much anticipated final version of the temporary regulations under the Medical Marijuana Act applicable to Clinical Registrants and Academic Clinical Research Centers...more

Breathing Room? Feds May Not Target Cannabis for Prosecution, After All

Back in January, when U.S. Attorney General Jeff Sessions announced that he was rescinding the Obama-era “Cole Memo,” much speculation ensued about the practical effects, if any, of the move. To some, it suggested that Mr....more

[Webinar] Not Up in Smoke: Employer Rights in the Face of Legalized Marijuana - March 29th, 1:00pm CT

In this webinar, participants will learn: - The status and anticipated complications of Canada’s marijuana legislation - How marijuana differs from alcohol in respect of regulating consumption and testing...more

Florida 2018 Legislative Session Comes To A Close With Tweaks To Medical Marijuana Laws And Budget

by Fox Rothschild LLP on

As Florida’s 2018 legislative session comes to a close, its time to review legislative changes to Florida’s medical marijuana laws. First, Florida’s Senate passed HB 6049, This bill removes the requirement that the...more

Healthcare Facility Policies In The Age Of Medical Marijuana

by Fox Rothschild LLP on

Despite Pennsylvania’s medical marijuana industry being in its infancy, more than 17,000 patients have registered for the program, and more than 4,000 already have received their medical marijuana card from the Department of...more

Proposed Trademark Classes for Cannabis-Related Marks in Doubt as California Allows Registration under Existing Classes

by Wilson Elser on

One year after Wilson Elser published an article comprehensively exploring “California’s Bill to Add Marijuana Trademark and Service Mark Classifications” and other cannabis brand-protection alternatives, the referenced bill...more

Into The Weeds: Will California Employment Law Protect Medical Marijuana Users?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users. California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more

Power Hungry Cannabis Industry Faces Mix Of Energy Related Taxes, Fees, And Regulations

by Cole Schotz on

Growing cannabis, especially indoors, is energy-intensive. It can take upwards of 5,000 kWh to grow just one kilogram of cannabis (2,000 kWh to grow one pound) as compared to 10,000 kWh of energy to power a residence in the...more

Trial Set In Florida Case Challenging Medical Marijuana Smoking Ban

by Fox Rothschild LLP on

As I’ve posted before, Florida’s implementation of Amendment Two (medical marijuana) does not permit patients to smoke medical marijuana. Not surprisingly, the ban on smoking of medical marijuana triggered litigation. ...more

Traveling with Medical Marijuana Across State Lines?

by Jaburg Wilk on

I live in Arizona and I have a medical marijuana card, is it possible to bring medicine from out of state? In recent years, two of Arizona's neighbors (Colorado and California) have changed their laws to allow adults to...more

Bank On It: States Taking a Proactive Approach to Cannabis Banking

by Burns & Levinson LLP on

When it comes to the cannabis industry, banks and other financial institutions can find themselves in a particularly murky legal waters (see Banking & Cannabis: Where Do Things Stand?). Federal rules dictate that banks and...more

A Potential P[l]ot Twist For Medical Marijuana And The ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the...more

Crossover Day in Georgia: everything that passed (and didn’t)

by Dentons on

The early session logjam under the Gold Dome cleared finally as Georgia state legislators hurried through consideration of nearly 100 bills to meet Wednesday’s “crossover” requirement that a bill must have cleared its...more

Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?

Earlier this year, the Arkansas Supreme Court handed down a case that reduced the ability to sue the State. See Board of Trustees of the University of Arkansas v. Andrews. This decision has been controversial; it has already...more

Federal Court Rejects Constitutional Challenge To Marijuana’s Classification As Schedule I Drug

by Jackson Lewis P.C. on

A federal district court in the Southern District of New York rejected a constitutional challenge to marijuana’s classification as a Schedule I drug under the federal Controlled Substances Act (“CSA”). Washington, et al. v....more

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