Marijuana Law, Policy, and Authority


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, , , , , , , , , ,

UPDATE: Utah Scraps State Marijuana Distribution Plan

As I noted last fall (see here), Utah was set to become the first state in the nation to directly participate in the distribution of marijuana. Under the State’s compromise medical marijuana law, the state planned to buy medical marijuana from licensed private cultivators and then distribute that marijuana to qualified patients through local health departments….

Posted by on September 17, 2019 in News, Updates, , , , , , ,

ABA Passes Resolution Calling Upon Congress to Reform Federal Marijuana Policy

I am pleased to report that the American Bar Association (ABA) just adopted a resolution urging Congress to reform federal marijuana laws. The resolution declares: RESOLVED, That the American Bar Association urges Congress to enact legislation to exempt from the Controlled Substances Act any production, distribution, possession, or 3 use of marijuana carried out in…

Posted by on August 19, 2019 in News, Updates, , , , , , , , , , , , ,

Nebraska Attorney General Gives the State Some Bad Legal Advice Concerning Marijuana Legalization

On August 1, Nebraska Attorney General Douglas Peterson gave the state some bad legal advice concerning proposed medical marijuana legislation (the Medical Cannabis Act). In response to a request from a state senator, he concluded that the MCA would be preempted by the federal Controlled Substances Act (CSA) and thus null and void. The AG’s full…

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

What Does New York’s Latest Marijuana Decriminalization Measure Accomplish?

As reported in various outlets, e.g., The Hill  and the New York Times, New York Governor Andrew Cuomo signed legislation on Tuesday that decriminalizes some low-level marijuana offenses and expunges (or seals) records of prior (and future) convictions for such offenses. The full legislation can be found at the NY Assembly website here.  The linked…

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

What Makes Illinois’s New Adult-Use Marijuana Law Noteworthy . . .

On Tuesday, Gov. J.B. Pritzker signed legislation that made Illinois the 11th state (or 12th state-like jurisdiction, if you count D.C.) to legalize adult-use (aka recreational) marijuana. Illinois legalized medical marijuana back in 2013. The full Cannabis Regulation and Tax Act (CRTA) can be found here. It’s long (600 pages), but the state has prepared…

Posted by on June 28, 2019 in News, Updates, , , , , , , , , , , , , ,

New Article on Enforcement of Marijuana Patents

I recommend readers check out Professor Bill McNichol’s (Rutgers) new article on the enforcement of marijuana patents: William J. McNichol, Jr., The New Highwayman: Enforcement of U.S. Patents on Cannabis Products, 101 J. of Patent and Trademark Office Society 24 (2019). (The link is to the SSRN version of the piece.) Here is the abstract:…

Posted by on June 6, 2019 in News, Updates, , , , , , , ,

The Collision Between Federal Immigration Law and State Marijuana Reforms

In mid-April, U.S. Citizenship and Immigration Services (USCIS) issued new guidance clarifying the immigration consequences of state marijuana reforms. The USCIS guidance can be found in Chapter 5 of the USCIS Policy Manual. The guidance was prompted by recent cases in which USCIS has denied the citizenship applications of immigrants, solely because those immigrants acknowledged…

Posted by on April 22, 2019 in News, Updates, , , , , , , , , , , ,

Federal Marijuana Banking Bill Advances (a Little)

As reported by Tom Angell, the House Committee on Financial Services just voted (45-15) to approve a version of the Secure and Fair Enforcement (SAFE) Banking Act. You can find the full story at Forbes here. Here is the text of the original House bill (HR 1595): SAFE Banking Act (Original House version).   The Forbes article…

Posted by on March 30, 2019 in News, Updates, , , , , , , , , ,

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