August, 2017

Interesting Opportunity to Try to Shape the WHO’s Scheduling of CBD (and Possibly Domestic Law Too)
The World Health Organization (WHO) is apparently reviewing the scheduling of Cannabidiol (CBD) and 16 other drugs under the 1971 Convention on Psychotropic Substances. Prior to a meeting of the relevant WHO committee in early November, the WHO has asked member states (including the U.S.) for input. The Food and Drug Administration (FDA) is responsible…
Posted by mikosra on August 23, 2017 in News, Updates, cannabidiol, cannabis, CBD, comment, Convention on Psychotropic Substances, FDA, Food and Drug Administration, marijuana, petition, scheduling, WHO, World Health Organization

Useful Marijuana Law Links Posted
I have just posted an assortment of links to external websites that provide more news and additional perspectives on marijuana law and policy. The links can be found on the right hand column under Resources: External Links page. They are organized (loosely) into five categories: Advocacy Organizations Blogs and News Government Agencies Industry Sites Research Sites…
Posted by mikosra on August 18, 2017 in Updates, cannabis, cannabis law, links, marijuana, marijuana law, resources, Website

Coverage of DOJ’s Response to Legalization
The Cannabist has compiled a wonderful collection of primary documents detailing the back-and-forth between the governors of the first four recreational legalization states (Alaska, Colorado, Oregon, and Washington) and the U.S. Attorney General, Jeff Sessions. The documents include: April 2017 letters from state leaders imploring Sessions to adhere to the Obama Administration’s non-enforcement policy. That…
Posted by mikosra on August 17, 2017 in News, Updates, attorney general, cannabis, Cole Memorandum, Department of Justice, DOJ, enforcement, governors, letters, marijuana, Sessions

Federal District Court Finds Connecticut Law Barring Employment Discrimination Against Medical Marijuana Users is NOT preempted
The decision in Noffsinger v. SSC Niantic Operating Co., LLC (Dist. Conn. 2017), is significant because it departs from a handful of earlier decisions that have found or at least assumed state employment protections were preempted. Those decisions are discussed on pages 672-81 of the book. Even though I largely agree with the result in…
Posted by mikosra on August 15, 2017 in News, Updates, cannabis, employment, marihuana, marijuana, noffsinger, preemption

Could the States Do Anything to Blunt the Impact of a Federal Crackdown?
I just returned from the NCSL annual meeting in Boston, where I participated on a Marijuana Federalism panel with Representative Roger Goodman (WA state house) and John Hudak (Brookings). A short recap of the panel can be found here . Consistent with recent reports, all the panelists agreed the Trump Administration is unlikely to crack…
Posted by mikosra on August 9, 2017 in News, Updates, cannabis, indemnification, marijuana, poison pill, preemption, Sessions, Trump

My Reactions to Cory Booker’s Marijuana Justice Act
Senator Cory Booker (D NJ) has introduced a proposal to repeal the federal marijuana ban. In a nutshell, Booker’s Marijuana Justice Act would exempt marijuana from the Controlled Substances Act. I believe Booker’s proposal to is incomplete (and therefore, both unwise and politically unpalatable) because it fails to offer any replacement for prohibition. I develop…
Posted by mikosra on August 4, 2017 in News, Updates, cannabis, conditional spending, Cory Booker, discrimination, equal protection, federalism, marihuana, marijuana, marijuana justice act, race, senate
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