Marijuana Law, Policy, and Authority

discrimination

UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge

A few weeks ago I blogged about an interesting lawsuit challenging Maine’s residency requirement for commercial recreational marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses. Brought by a Delaware corporation, the suit claimed that the residency requirement violated the Dormant Commerce Clause doctrine. Although I suggested two reasons why Maine…

Posted by on May 13, 2020 in News, Updates, , , , , , , , , , , ,


Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses

A Delaware corporation (Wellness Connection) has sued Maine, challenging a provision of that state’s recreational marijuana law that bars out-of-state companies and non-resident investors from obtaining commercial marijuana licenses. The suit was filed on March 20, 2020, in the U.S. District Court for the District of Maine. The story has been reported in local papers…

Posted by on April 2, 2020 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, , , , , , , , , , ,


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company violated Connecticut’s medical marijuana law (known as PUMA—the Palliative Use of Marijuana Act) when it rescinded her job offer after she…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, , , , , , , , , , , ,


New Study Defends Constitutionality of Racial / Gender Preferences in the Award of State Marijuana Licenses

At least two states (Maryland and Ohio) have attempted to use racial preferences in the award of their commercial marijuana licenses. However, as discussed in the book, Maryland’s licensing board abandoned that state’s preferences in 2015 after a Deputy State Attorney General wrote a brief letter suggesting the preferences would likely violate the Equal Protection…

Posted by on January 18, 2018 in News, Updates, , , , , , , , , , , , ,


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 on August 4, 2017 in News, Updates, , , , , , , , , , ,


Massachusetts court finds employers must accommodate employee’s off-duty medical marijuana use

Massachusetts’ highest court has ruled that employers have a duty to accommodate their employees’ off-duty use of medical marijuana.  The ruling in Barbuto v. Advantage Sales and Marketing, LLC (Mass. 2017), concerned a state handicap discrimination law (similar to the ADA) which makes it unlawful for any employer “to dismiss or refuse to hire . ….

Posted by on July 21, 2017 in News, Updates, , , , , ,


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