Marijuana Law, Policy, and Authority

Updates

Observations On Utah’s Proposed State Distribution System

[Updated 10/15 to address the possibility of suits in state court.] Just as Utah residents are about to vote on a medical marijuana initiative (Proposition 2), proponents and opponents of the initiative (including Governor Herbert) have announced plans to adopt a compromise medical marijuana law in the state legislature. See the full text of the Utah…

Posted by on October 12, 2018 in News, Updates, , , , , , , , , , , , , , , ,


How to Lure Consumers Away from the Marijuana Black Market

[Updated 10/8 8:44 am to add more information.] Even in states that have legalized the commercial supply of marijuana, some lawful consumers continue to purchase marijuana from the black market. Those black market sales pose several problems for state regulators; among other things, for example, they (likely) don’t generate any marijuana tax revenues for the…

Posted by on October 5, 2018 in News, Updates, , , , , , ,


Is CBD Legal Under Federal Law?

The question posed by the title of this post has been vexing commentators for the past few months, with different sources giving wildly different answers. In this post, I hope to shed some light on the legal status of cannabidiol (CBD) under federal law. It’s a complicated question, but here’s my bottom line conclusion: under…

Posted by on September 28, 2018 in News, Updates, , , , , , , , , , , , , , ,


Update: Connecticut Employment Discrimination Case (Noffsinger v. SSC Niantic)

A federal judge in Connecticut has issued another notable ruling in Noffsinger v. SSC Niantic Operating Co., LLC. In particular, the judge just granted summary judgment for the plaintiff on her claim that the defendant company violated Connecticut’s medical marijuana law (known as PUMA—the Palliative Use of Marijuana Act) when it rescinded her job offer after she…

Posted by on September 24, 2018 in News, Updates, , , , , , , , , , , ,


Court Dismisses Civil RICO Suit Against Marijuana Supplier, Tees Up Potential Circuit Split

[Updated 8/30 to add two new sources with useful background on these lawsuits.] Last week, the US District Court for the District of Oregon dismissed a civil RICO lawsuit brought by a landowner against a neighboring marijuana supplier. The full decision in Ainsworth v. Owenby is available here; page citations below are to the linked…

Posted by on August 27, 2018 in News, Updates, , , , , , , , , , , , , , , , , , , ,


Visualizing Different State Labeling Requirements

Most states that have legalized the commercial supply of marijuana require licensed suppliers to affix special labels to their marijuana products (see book pages 456-462). Among other things, these labels are supposed to inform consumers about what’s in the product (e.g., its THC concentration) and warn consumers about the health risks associated with consuming it…

Posted by on August 17, 2018 in News, Updates, , , , ,


Recapping 3 Notable Federal Developments Affecting Marijuana Law in 2018

The title of this post was the focus of my remarks on a panel at the 2018 National Conference of State Legislatures (NCSL) annual summit in Los Angeles, held at the end of July. The panel drew a packed room, attesting to state lawmakers’ interest in marijuana law and policy. You can watch the full…

Posted by on August 2, 2018 in News, Updates, , , , , , , , , , , , , ,


UPDATE: The Criminal Case Against a San Diego Marijuana Attorney has Settled

Back in September 2017, I blogged about the criminal case against a San Diego marijuana law attorney, Jessica McElfresh, and her client, Med West. The case began in January 2016, when San Diego officials raided Med West, a medical marijuana dispensary. The county suspected Med West had been illegally manufacturing concentrated cannabis oil. But the…

Posted by on July 28, 2018 in News, Updates, , , , , , , , , ,


Only One State Has Not Yet Legalized Marijuana in Some Form . . .

While updating some of the charts and figures in my book, I discovered that, since early May, 2018, only one state in the nation has not yet legalized marijuana in some form for at least medical purposes. I won’t keep you waiting: it’s Idaho. At the start of the year, Idaho had some company. Kansas…

Posted by on July 16, 2018 in News, Updates, , , , , , , , , , , , ,


New York State Department of Health Releases Report on Legalization

The New York Department of Health just released its report on legalization of marijuana in the empire state. The report had been commissioned by Gov. Andrew Cuomo back in January, 2018. The full report can be found here. The news media has previously discussed some contents of the report, but this is the first time the…

Posted by on July 13, 2018 in News, Updates, , , , , , , , , , , , , ,