Marijuana Law, Policy, and Authority

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Updates to Help Organize the Posts on this Website

I have just updated two pages under the Resources tab. These pages should help readers manage what has become a very complicated body of law and policy. They organize my blog posts (the Updates) in two different ways: Updates and New Materials by Topic – Identifies the specific section(s) in my book for which each post is most relevant….

Posted by on December 30, 2019 in Updates


May Competitive Athletes Use Marijuana?

The question posed by the title of this post is inspired by news that Major League Baseball (MLB) will no longer test or sanction players for using marijuana. The change is one of several the league and its Players Association recently agreed to make to their 2006 Joint Drug Program (JDP). The joint announcement of…

Posted by on December 13, 2019 in News, Updates, , , , , , , , , , , , ,


What are the Harms of CBD Use? Making Sense of the FDA’s Recent Warning

In late November 2019, the federal Food and Drug Administration (FDA) warned the public about consuming cannabidiol (CBD). See FDA, What You Need to Know About CBD. It appears the FDA issued the warning because of booming demand for CBD products. From the FDA’s Announcement: “You may have noticed that cannabidiol (CBD) seems to be…

Posted by on December 2, 2019 in News, Updates, , , , , , , , ,


California Issues (Draft) Formal Ethics Opinion for Attorneys Advising Marijuana Clients

It escaped my attention earlier, but it looks like the California Bar Association in June issued guidance for California-licensed attorneys informing them of what legal services they may (and may not) ethically provide to marijuana clients. The 16 page opinion from the State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) can be found…

Posted by on November 14, 2019 in News, Updates, , , , , , , , , , ,


The Evolving Federal Response to State Marijuana Reforms

I have just posted a new article discussing how the federal government’s response to state marijuana reforms has evolved over the past 23 years (and through 4 presidential administrations). Readers might be especially interested in the last section of the article, where I discuss how the federal response to state reforms is likely to change…

Posted by on November 4, 2019 in News, Updates, , , , , , , ,


Does Terminology Matter? “Marijuana”, “Cannabis”, and Public Opinion

Over the last several years, there has been a steady shift in the term people use to refer to the drug commonly known as “marijuana.” Namely, people have begun to shun “marijuana” in favor of “cannabis.” The shift in terminology stems at least in part from the belief that the word “marijuana” conjures up various…

Posted by on November 1, 2019 in News, Updates, , , , , , , , , , , ,


USDA Releases Draft of Proposed Hemp Regulations

The United States Department of Agriculture (USDA) has just released its interim rules for the regulation of hemp. The draft rules are designed to fulfill the agency’s responsibility under the 2018 Farm Bill to establish a domestic hemp program. Per the USDA’s document, This interim rule will help expand production and sales of domestic hemp,…

Posted by on October 29, 2019 in News, Updates, , , , , , , , , ,


Why We Won’t Learn Much from a New Products Liability Lawsuit Against Marijuana Vape Manufacturers

A plaintiff has just filed a products liability lawsuit against several companies that manufacture (or sell) marijuana vape products. The plaintiff blames the Defendants’ products for a lung illness he has recently experienced. The complaint in Wilcoxen v. Canna Brand Solutions, LLC, et al., was filed in Washington State court on September 23, 2019. Several…

Posted by on October 4, 2019 in News, Updates, , , , , , , , , , , , , , , , ,


Interesting New Student Note on Application of ADA to Marijuana Dispensaries

Chris Conrad, a law student at Georgetown, has written a very interesting new paper on an issue that had previously escaped my attention: Whether the Americans with Disabilities Act (ADA) applies to marijuana dispensaries (e.g., whether those dispensaries must make themselves accessible to persons with disabilities). The issue is of particular salience to medical marijuana…

Posted by on September 27, 2019 in News, Updates, , , , , , , , , , ,


How Can / Should Regulators Respond to the Vaping Illness Scare?

[Updated 9/27 to reflect new information from the CDC and to add one new observation on the timing of these illnesses.] In the last few months, doubts have surfaced about the safety of vaping, due to a surge in reports of vaping-linked lung illnesses. The Centers for Disease Control and Prevention (CDC) reports that, as…

Posted by on September 25, 2019 in News, Updates, , , , , , , , , ,


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