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Medical Marijuana Dispensaries

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 -

Orange County Unanimously Approves Medical Marijuana Dispensaries

Though over 71% of Florida voters in 2016 approved Amendment 2 to allow medical marijuana, the numbers were higher in Orange County. Over 73% of Orange County voters said yes to Amendment 2, and that support was reflected in...more

Medical Marijuana Comes to Pennsylvania (Part 3): How PA Patients Can Access Medical Cannabis

by K&L Gates LLP on

Pennsylvania’s patient and caregiver regulations answer the who and the how questions in obtaining medical marijuana. For example, how does the law distinguish caregivers from patients? What are the rights of each class of...more

Update on Pennsylvania’s Medical Marijuana Law

Ready or not, Pennsylvania employers: your employees could be able to obtain medical marijuana from licensed dispensaries within six months, according to a recent announcement by state officials. Since Pennsylvania legalized...more

IRS Audits Of Cannabis Companies And The Importance Of Substantiation

by Fox Rothschild LLP on

Today, the Tax Court issued its opinion in Feinberg v. Commissioner, a case involving an ongoing and hard fought battle between the IRS and a medical marijuana dispensary, Total Health Concepts, LLC. The IRS examined THC’s...more

National Survey On Marijuana Laws And Regulations

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...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

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

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

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

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

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

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis for medical or recreational purposes is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New York,...more

California Supreme Court Clarifies that Voter Initiatives Are Not Subject to Certain of Proposition 218’s Limitations on Local...

Since Proposition 218 was passed in 1996, which added Article XIIIC to the California Constitution (“Article XIIIC”), local governments have faced heightened restrictions in their abilities to impose taxes. Specifically,...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Taxes By Voter Initiative Not Restricted By Article XIII C of the California Constitution - California Supreme Court Holds That...

by Best Best & Krieger LLP on

The power of the initiative is the power of the electorate to propose new laws subject to approval by voters. Filed yesterday, California Cannabis Coalition v. City of Upland et al. looks at the interplay between the...more

California Supreme Court Decision Makes it Far Easier to Raise Taxes

by Miller Starr Regalia on

Since California voters approved Proposition 13 in 1978 to limit property taxes, raising taxes to fund infrastructure, facilities, and services has required a vote at a general election. In subsequent years, Propositions 62,...more

Medical Marijuana Developments In Florida For August 2017

by Fox Rothschild LLP on

Florida continues to made forward progress on implementation of Amendment Two (medical marijuana) with additional licenses and dispensaries being approved or opened around the state....more

National Survey On Marijuana Laws And Regulations (Updated)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Medical Marijuana 102: NYS Registered Organizations and Dispensaries

by Farrell Fritz, P.C. on

This blog post is the second in a series of articles discussing the current state of the law in New York regarding medical marijuana. To read the first post in the series, Medical Marijuana 101: The State of the Law in...more

When Assessing Insurance Needs, Medical-Marijuana Dispensaries Must Consider Pennsylvania Regulations

by Reed Smith on

Pennsylvania’s burgeoning medical-marijuana industry is and will be carefully regulated. When purchasing insurance, medical-marijuana dispensaries should pay careful attention to the Commonwealth’s regulations, in particular...more

Florida Municipalities Debate Dispensaries

by Fox Rothschild LLP on

As a follow up to my post on the City of Boynton Beach having its regulations overturned by Florida state law, other Florida municipalities are debating medical marijuana dispensaries....more

Shocking Trademarks May Now Be Viable, But Medical Marijuana Marks Remain an Impossible Dream

by Baker Donelson on

The U.S. Supreme Court recently struck down as unconstitutional the ban on disparaging trademark registrations, but that doesn’t mean a dispensary can get a federal trademark registration. The Supreme Court’s June 19...more

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