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Medical Marijuana › Constitutional Challenges

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 -
Benesch

Cannabis Industry Quarterly Update: Q2 2024

Benesch on

Biden administration formally proposes moving marijuana to Schedule 3 - Attorney General Merrick Garland has proposed reclassifying marijuana to Schedule III of the Controlled Substances Act, following President Biden's...more

Bradley Arant Boult Cummings LLP

Is the Access to Medical Marijuana a Fundamental Right?

Bradley Arant Boult Cummings LLP on

We write blog posts about cannabis, but most of the time the posts are about things that are happening in the cannabis world. This post is about whether something should happen in the cannabis world. Specifically, should...more

Perkins Coie

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

Perkins Coie on

On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more

Bradley Arant Boult Cummings LLP

High Cotton: The Emergence of a Southern Cannabis Industry

Bradley Arant Boult Cummings LLP on

When Neil Young wrote that “Southern change gonna come at last,” he wasn’t talking about cannabis— but he might as well have been in light of the recent and extraordinary developments in the cannabis industry in the southern...more

Bradley Arant Boult Cummings LLP

South Carolina’s Medical Marijuana Bill Ruled Unconstitutional, but Sponsor Vows to Keep Fighting

Bradley Arant Boult Cummings LLP on

On May 4, 2022, South Carolina’s medical marijuana bill — SB 150, also known as the South Carolina Compassionate Care Act — was ruled unconstitutional by the state’s House of Representatives. The constitutional challenge...more

Seyfarth Shaw LLP

The Week in Weed: June 2020

Seyfarth Shaw LLP on

Louisiana is expanding medical marijuana, and the United Nations may reschedule cannabis.  Meanwhile, PetSmart faces a lawsuit over pet CBD.  MedMen has campaign finance problems, and the 9th Circuit looks at taxes....more

Nutter McClennen & Fish LLP

Governor Baker’s Emergency Order Closing Adult-Use Marijuana Establishments Survives Constitutional Challenge in BLS

Nutter McClennen & Fish LLP on

To help slow the spread of the COVID-19 pandemic, Governor Baker has ordered businesses to suspend physical operations unless he deems them “essential.” Under his emergency orders, Governor Baker considers medical-marijuana...more

Carlton Fields

Florigrown v. DOH: Florida’s Vertical Integration Requirement for Medical Marijuana Licensees Held Unconstitutional

Carlton Fields on

This week, the Florida First District Court of Appeal held that the vertical integration requirement of Florida’s medical marijuana licensing scheme contravenes the 2016 constitutional amendment passed by Florida voters to...more

Littler

Littler Global Guide - Canada - Q2 2018

Littler on

British Columbia Extends Family Leave Policies - New Legislation Enacted - On May 17, 2018, British Columbia amended legislation to give employees in the province pregnancy, parental, and compassionate care leaves. ...more

Jackson Lewis P.C.

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

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

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

Smart & Biggar

Rx IP Update - December 2017

Smart & Biggar on

PMPRB News - PMPRB releases scoping paper relating to proposed amended Regulations - As previously reported, on December 2, 2017, Canada’s Governor-in-Council published proposed Regulations Amending the Patented...more

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