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Andrew Turnbull spoke with Corporate Counsel about how in-house counsel are reviewing corporate cannabis policies in light of new statelaws allowing for medicinal marijuana use and the introduction of the Cannabis Administration and Opportunity Act. Read the full article (subscription required).
This dataset includes states with comprehensive medical marijuana programs; it does not include statelaws allowing the medical use of “low THC” products in certain situations. This is a longitudinal dataset, displaying medical marijuana laws in effect as of January 1, 2014 through February 1, 2017.
As of February 2019, the Veterinary Medical Board in California still has no official policy on hemp products. In response, veterinarians and others concerned for patient safety promoted a change in statelaw. Medical Cannabis in California. And as the saying goes, “As goes California, so goes the nation.”.
However, the CSA contains an exemption, whereby section 863 does not apply to any person authorized by statelaw to manufacture, possess or distribute drug paraphernalia. Department of Justice has declined to enforce the CSA’s prohibition on the sale of marijuana when the marijuana is bought or sold in accordance with statelaw.
It is a far-reaching proposal addressing social equity, restorative justice, research, and taxation while preserving the integrity of existing state cannabis laws. Statelaw would control possession, production, and distribution of cannabis.
On January 1, 2022, two new statelaws will become effective in Illinois and Oregon and could cause significant disruption to the vapor industry. We provide background on the legislation and discuss the potential implications for the sales of vapor products in the respective states. [i] Article: View Original Source .
However, most common psychedelics, including psilocybin, remain illegal federally, so the impact of new statelaws will depend upon the federal government declining to prosecute cases involving these substances. Psychedelic Alpha Policy Map. Click to check out its psychedelic legalization & decriminalization tracker.
However, employers still must be mindful of the statelaw protections currently available to medical marijuana users including, among other things, not taking adverse action or otherwise discriminating against someone based solely on their status as a qualifying medical marijuana patient or their possession of medical marijuana.
Their article argues that the judgement is in fact about federalism. Calling the broader situation a “contradictory and unstable state of affairs,” Thomas wrote that the current legal landscape “strains basic principles of federalism and conceals traps for the unwary.” Read the full article at. MSNBC write.
Bush’s national drug control strategy, Congress passed legislation to require schools, colleges and universities to implement and enforce drug and alcohol prevention programs and policies as a condition of eligibility to receive federal funds and assistance. See, for example, the Career Services Policy at Colorado State University.
Pittsburgh School of Law, US. Could doctors be punished by federal authorities for recommending marijuana to patients consistent with statelaw? Other issues arose at the intersection of novel drug laws and other statelaws. Edited by: Katherine Gemmingen | U.
billion, with states like Colorado and Oregon bringing in over $2.2 billion respectively, according to a recent Forbes article. Nevertheless, the federal law and enforcement policy remained the same. In 2020 alone, legal sales of marijuana in the US bought in a record $17.5
After speaking with several experts, It is NORML’s understanding that the transfer of these funds from the federal government to the state governments provides the individual states with the authority to decide for themselves which industries are legally eligible to receive benefits.
Many in the industry have bemoaned the law claiming it is a prohibition tax law still in place during a time when cannabis is growing into a billion-dollar industry. Marijuana Business Daily recently wrote in an article that cannabis companies should expect a “tsunami of 280E audits.” The IRS has not gotten the memo.
One such program is Vanderbilt Law School’s Course on Marijuana Law and Policy Review. This well-respected school offers a course that will provide critical education regarding the ever-changing ins and outs of marijuana law and policy. May a state legalize a drug the federal government forbids?
Kays advises and represents employers in a broad range of employment law matters arising under federal and statelaws. She is experienced in litigating federal and state court cases involving the defense of employment discrimination claims, wrongful discharge, and retaliation matters. During law school, Ms.
While the main case discussed by this article does not create precedent, it does reveal the thinking of some federal judges in a jurisdiction with long-time legal cannabis at the state level. This article unpacks some of the initial issues in an effort to uncover potential takeaways. 3) Not against public policy.
Pertinent to employers, the law amends the state’s Right to Privacy in the Workplace Act (which makes it illegal for employers to discriminate against employees for use of “lawful products”) to include any product that is “legal under statelaw” — including cannabis pursuant to the Cannabis Act.
1] As of the date of this article, thirty-three states and Washington D.C. have legalized medical marijuana use, and 11 states have legalized recreational marijuana use. [2]. In 2012, Washington and Colorado became the first two states to legalize marijuana for recreational use. [8] Published On JD Supra: [link].
Some of the go-to sources for finding the information you need about cannabis laws and licensing rules are shared below. National Cannabis Industry Association (NCIA) State-by-StatePolicies. NCIA’s State-by-StatePolicies page is easy to navigate with a U.S. NORML StateLaws.
As an employment law attorney representing companies, when my clients call with questions about medical marijuana, they want to know how it affects their drug testing and safety policies and what accommodations, if any, they have to make for employees who are using medical marijuana. Full article at [link]. What does this mean?
The House will pass legislation early next year to put this question before the voters, but we need to start looking at changes needed to Statelaw now.”. He said that fully addressing the harms of marijuana prohibition is a complex issue, noting that cannabis policy has always been discriminatory. View original article.
While the court declined to dismiss the action in its entirety (citing relevant statelaw that may still be considered on the merits), the court’s decision to stay—or postpone—the case under the primary jurisdiction doctrine, determined that FDA, and not the courts, should regulate CBD products, including what constitutes proper labeling.
Colleges in the United States are becoming a battleground in the conflict between federal and state cannabis laws as students who use medical cannabis challenge decades-old campus drug policies. In states where medical cannabis is legal, students disciplined for using it are taking their schools to court.
A statelaw signed by Gov. This is a high-resource-use industry, and it doesn’t have to be,” said state Rep. It definitely puts Illinois at or near the top in terms of statepolicies for energy and environmental performance for cultivation facilities,” he said. Full article: [link].
Here’s their article in full published via JD Supra. The article is authored by. The City Council passed the bill in April by a vote of 40-4, and it became law on May 10, 2019, with an effective date of May 10, 2020. Employers should also revisit “zero tolerance” cannabis policies for consistency with state and local law.
Washington is essentially implementing the Food and Drug Administration’s (“FDA”) policy on Hemp-CBD as a food ingredient. Federal and Statelaws do not permit the manufacture and retail sales of CBD as a food ingredient in foods and beverages for sale in retail food establishments. Epidiolex contains CBD.
Recreational and Medical Marijuana Laws Increase Employer Obligations. In addition to added employment rights for recreational marijuana users, employers may also have obligations under statelaws that protect employees who are certified medical marijuana users. Conflicting State and Federal Law Requirements.
In January, the Maine Office of Marijuana Policy released a preliminary draft of rule changes to the medical program that officials said were “meant to align the program with statelaw.”. View original article. It’s overreaching on steroids. We’re trying to reach as many legislators as we can.”.
Under current statelaw, any individual school or school district can prohibit their students from using or storing medical marijuana on school grounds. The new law , which will take effect this fall, will remove that authority, effectively requiring schools to accommodate their students’ medical needs.
The Las Vegas Paiute Tribe, playing by its own set of rules that allow it to bypass statelaw, has operated a small “tasting room” inside its mega-dispensary on tribal land for a couple years. It’s just a sample of what’s to come, though, if state officials can be taken at their word. View original article.
The article adds. State budget forecasters are banking on a robust kickoff, however, estimating $5 million in sales by the end of the month. State budget forecasters are banking on a robust kickoff, however, estimating $5 million in sales by the end of the month. Retail shops need state-issued conditional licenses.
The medical-marijuana community has been on edge over the issue since June, when the state court of appeals ruled 2-1 that THC-bearing resin from marijuana plants, and the products that contain it, were not protected by the 2010 Arizona Medical Marijuana Act.
Prevent employers from complying with state or federal law. Ultimately, although marijuana is both legal (under statelaw) and illegal (under federal law), it does not change employment law, but it should change employment practices. Real World Complications: FMLA.
Murphy signed a statelaw last month that required at least one member of the board to come from a national or state branch of a national organization with a mission of studying, advocating or adjudicating against historical oppression of minorities. He managed several policy areas, including criminal justice reform.
Medical marijuana is legal in Florida, and Enright’s use of medical pot did not violate any statelaw. The feds are able to revoke this funding for any school that does not strictly follow their drug-free workplace policy, though, and cannabis use is considered a violation of this policy – even if legal under statelaw. “I
Specifically, the bill proposes to make it unlawful for an employer to take adverse action against an applicant or employee who is a qualified patient using medical marijuana consistent with statelaw, unless the position held or sought is one involving “safety-sensitive job duties.”
In this state, MMJ use is permitted under certain conditions, but recreational marijuana remains illegal. This article will explore the legal nuances, employee rights, and employer responsibilities regarding MMJ cards in Iowa. Iowa Employment Laws and MMJ Cards When it comes to employment, Iowa is an “at-will” state.
It isn’t news that corporate culture is warming up to cannabis, but Amazon’s new policy shift is extremely significant. trillion company, the second largest private employer in the United States, has managed to defeat recent attempts at unionization in Staten Island, Chicago, Sacramento, Alabama, Minnesota, and recently in Virginia.
History of compliance with regulations and policies governing government regulated marijuana programs. Criterion 2. Experience in cultivating, manufacturing, or dispensing marijuana in compliance with government-regulated marijuana programs. Health and safety standards for lab employees.
The law will not apply to prospective employees applying for certain positions, including: As a firefighter; As an emergency medical technician; That requires an employee to operate a motor vehicle and for which federal or statelaw requires the employee to submit to screening tests; or.
The United States Patent and Trademark Office (“USPTO”) will not grant such protection for marks that cover goods and/or services that are a violation of federal law, regardless of whether the activities associated with the goods or services is legal under statelaw. See 37 C.F.R. 7(1)(f), 2009 O.J (L
“This contradictory and unstable state of affairs strains basic principles of federalism and conceals traps for the unwary.”. Justice Thomas pointed out that the government has taken a hands-off policy towards state-legal medical cannabis businesses, even though federal law specifically prohibits marijuana in all forms.
Companies need to re-examine their drug policies and potentially modify their approach when it comes to vetting job candidates. Jason Tremblay, a labor and employment attorney and a partner at Saul Ewing Arnstein & Lehr, advises clients to reexamine their current drug screening policies. What Does this Mean for Employers?
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