News & Analysis as of September 20, 2024

Federal v State Law Application

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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 -

The Week in Weed: October 2023 # 4

Seyfarth Shaw LLP on 10/27/2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see there’s a controversy over cannabis use and gun ownership by police officers in Jersey City, New...more

Williams Mullen Manufacturing Edge Video Series - Episode 1

Williams Mullen on 9/28/2021

In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

U.S. Supreme Court Justice Says Current Federal Cannabis Prohibition is "Contradictory and Unstable"

Partridge Snow & Hahn LLP on 7/30/2021

Last month, the U.S. Supreme Court denied review of a case out of Colorado dealing with a medical marijuana dispensary’s challenge to a tax code provision. After denying review, Justice Thomas—one of the Court’s most...more

Edible Bites Episode 8: Impact of Cannabis Legalization on Government Contractors

McGuireWoods LLP on 7/22/2021

In the newest episode McGuireWoods’ Edible Bites video series, Kate Hardey, Royce DuBiner and Rose Stern explore common questions and red flags for government contractors given the current conflict between state and federal...more

States’ Efforts to Blunt Federal Criminalization of Marijuana

Butler Snow LLP on 9/16/2020

Medical marijuana will be on the ballot this November in Mississippi. Initiative 65 proposes to amend the Mississippi Constitution to allow citizens, certified by physicians, to use medical marijuana. For the most part,...more

Marijuana Tenants and the Effects on Landlord’s Rights in Bankruptcy

Lowndes on 2/12/2020

Though states continue to legalize the use and sale of marijuana for medicinal and recreational uses, under federal law, marijuana remains an illegal “Schedule 1” drug pursuant to the Controlled Substances Act. ...more

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

Rumberger | Kirk on 1/31/2020

With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

Stinson LLP on 1/15/2020

In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

Holding Up the Green: Hart-Scott-Rodino and its Impact on Cannabis M&A Transactions

Seyfarth Shaw LLP on 11/13/2019

Although the federal government seems to have turned a blind eye to the legalization of the medical and even recreational use of cannabis in certain states, they have not relinquished their duty to maintain competitive...more

In the Weeds: Marijuana Legalization & Employment Laws

Farella Braun + Martel LLP on 7/30/2019

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

New Jersey Expands its Medical Cannabis Act to Include Workplace Protections

McNees Wallace & Nurick LLC on 7/29/2019

Prior to July 2nd, New Jersey’s Medical Cannabis Act lacked protections for employees’ off-duty medical marijuana use. Indeed, last year the U.S. District Court for the District of New Jersey held that nothing in the Medical...more

[Webinar] The Future of Medical Marijuana in Missouri: Dealing With the Disconnect Between State & Federal Law - September 18th,...

Amundsen Davis LLC on 8/29/2018

Businesses in the cannabis industry operate in an environment of sharply conflicting laws and stringent regulations. Now that Missouri appears poised to join the 30 states (so far) that have implemented medical cannabis...more

Banking and Marijuana, Redux: Utah Department of Financial Institutions Commissioner Declares Opposite Position to New York’s...

Ballard Spahr LLP on 8/22/2018

As we just blogged, the New York State Department of Financial Services (“NYDFS”) has published guidance to “clarify the regulatory landscape and encourage” New York, state-chartered banks and credit unions to “offer banking...more

The Medical Marijuana Industry and AML: Opportunities and Risks

Ballard Spahr LLP on 8/16/2018

New York State Encourages Banking for State-Licensed Medical Marijuana Businesses – Whereas a Maine Company Runs Into Trouble, Despite State Law Legalizing Medical Marijuana....more

Extreme caution in marijuana contracts: Bankruptcy relief not available

McAfee & Taft on 8/3/2018

With the passage of SQ788, Oklahoma voters have created a new industry rife with opportunities for Oklahomans. From cultivation, processing, and selling, as well as the services that will support medical-marijuana businesses,...more

NYS Department of Health Report Green Lights Legalization of Marijuana

Farrell Fritz, P.C. on 7/25/2018

In January 2018, during the Executive budget address, Governor Cuomo directed the Department of Health (DOH) to review the health, criminal justice and economic impacts of regulating recreational marijuana in New York. ...more

Employment Compliance In The Age Of Legalized Marijuana

Fox Rothschild LLP on 7/23/2018

Cannabis—or marijuana, as it is commonly known in the United States—is illegal under federal law. However, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as...more

The Latest Buzz: New Jersey Employer Must Reimburse Injured Employee for Cost of Medical Marijuana

FordHarrison on 7/17/2018

Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana...more

After passage of SQ 788, ethical hurdles remain for lawyers

McAfee & Taft on 7/3/2018

Months prior to the vote on SQ 788, attorneys were fielding inquiries about the legal requirements necessary to participate in the medical marijuana industry. Those inquires have multiplied immensely since the passage of SQ...more

Ninth Circuit Reinforces Need for Due Diligence When Doing Business With the Cannabis Industry

Perkins Coie on 6/13/2018

In recent guidance, we wrote about what companies should do to minimize the risk of federal criminal penalties when doing business with or investing in cannabis industry companies. One principle we stressed is the need to...more

Buds and Booze: Lessons from Prohibition Could Inform Marijuana Industry

K2 Integrity on 6/8/2018

Reading the leaves regarding the potential decriminalization of marijuana is confusing and contradictory; however, one certainty is that the intoxicating combination of a cash-rich industry and a multitude of sometimes...more

Part 1 of 2: The Impact of Marijuana for Employers

Cozen O'Connor on 5/10/2018

This episode begins a two-part bonus series looking at the impact of recent marijuana regulation on employers. Today’s part one episode features a roundtable discussion on the policies and politics of cannabis....more

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

Fisher Phillips on 2/8/2018

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

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on 1/8/2018

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

Sessions Memo Resets Federal Marijuana Enforcement Policy

Mintz - Health Care Viewpoints on 1/5/2018

The U. S. Department of Justice (DOJ) issued a memo dated January 4, 2018 regarding federal marijuana enforcement policy, directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established...more

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