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State and Local Government Medical Marijuana Federal v State Law Application

Perkins Coie

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

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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

Butler Snow LLP

States’ Efforts to Blunt Federal Criminalization of Marijuana

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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

Rumberger | Kirk

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

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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

Stinson LLP

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

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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

McNees Wallace & Nurick LLC

New Jersey Expands its Medical Cannabis Act to Include Workplace Protections

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

Littler

Delaware Court Holds Federal Law Does Not Preempt Employee Protections under State Medical Marijuana Law

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The Superior Court of Delaware recently issued a decision confirming the state's protections for medical marijuana users. ...more

Cozen O'Connor

The ADA and Pennsylvania Medical Marijuana: Top 5 Pitfalls for Healthcare Employers

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Navigating the landscape of reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be particularly challenging to clients in the healthcare industry. ...more

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Ballard Spahr LLP

The Medical Marijuana Industry and AML: Opportunities and Risks

Ballard Spahr LLP on

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

Ballard Spahr LLP

Federal Judge in N.J. Dismisses Employee's Claim of Failure to Accommodate Medical Marijuana Use

Ballard Spahr LLP on

In Cotto v. Ardagh Glass, Inc., plaintiff Daniel Cotto, Jr., a forklift operator, hit his head while working and was sent for a medical examination. Pursuant to Ardagh's policy, Mr. Cotto was required to take a drug test as a...more

McAfee & Taft

Extreme caution in marijuana contracts: Bankruptcy relief not available

McAfee & Taft on

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

Farrell Fritz, P.C.

NYS Department of Health Report Green Lights Legalization of Marijuana

Farrell Fritz, P.C. on

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

Fox Rothschild LLP

Employment Compliance In The Age Of Legalized Marijuana

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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

FordHarrison

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

FordHarrison on

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

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

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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

Mintz - Health Care Viewpoints

Sessions Memo Resets Federal Marijuana Enforcement Policy

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

Foster Garvey PC

What Would "Greater Enforcement" Mean for Washington's Cannabis Businesses?

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Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press...more

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