Marijuana Law, Policy, and Authority

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DEA subpoena of California BCC licensing records is probably unconstitutional

Back in January, the federal Drug Enforcement Administration (DEA) issued an administrative subpoena to the California Bureau of Cannabis Control (BCC), demanding the state agency turn over information regarding a handful of state-licensed cannabis companies. The information includes license applications and shipping manifests from the companies. At the time, the BCC refused to comply, claiming…

Posted by on July 26, 2020 in News, Updates, , , , , , , , , , , , , , , , ,


Locals Sue, Seeking to Force Maine to Re-instate Residency Requirement for Marijuana Licenses

As I blogged about earlier, the state of Maine recently abandoned a residency requirement for obtaining commercial adult use marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses and UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge. Residency had been expressly required by the state’s adult use marijuana law (the 2018 Marijuana Legalization Act),…

Posted by on June 27, 2020 in News, Updates, , , , , , , , , , , , , ,


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, , , , , , , , , , , , , , ,


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, , , , , , , , , , , , , ,


UPDATE: State Judge Holds Use of Race in Ohio Medical Marijuana Licensing Unconstitutional

A state trial judge has just held that Ohio’s use of racial preferences in the award of state medical marijuana cultivation licenses violated the Equal Protection Clause of the Fourteenth Amendment (and the Ohio state constitution). The full decision in PharmaCann Ohio, LLC v. Ohio Department of Commerce can be found at Pharmacann Ohio v….

Posted by on November 20, 2018 in News, Updates, , , , , , , , , , , , , , , , , ,


The Looping Problem in Marijuana Sales

States commonly limit the quantity of marijuana that a licensed supplier may sell to a consumer (see book pages 462-463). For example, Colorado’s Retail Marijuana Code Rule 402 provides that “A Retail Marijuana Store and its employees are prohibited from Transferring more than one ounce of [marijuana] . . . in a single transaction to…

Posted by on May 9, 2018 in News, Updates, , , , , , , , , ,


California Takes on Weedmaps Over Unlicensed Marijuana Shops

In February 2018, California regulators demanded that Weedmaps stop advertising marijuana shops that aren’t licensed by the state. The confrontation has raised some interesting legal issues concerning the liability of third parties (the subject of Chapters 11-14 of my book) which I discuss below. But first, let me provide some necessary background on Weedmaps and…

Posted by on March 15, 2018 in News, Updates, , , , , , , , , , , ,


Cases to Watch: Minnesota Prosecuting Two Employees of State-Licensed Medical Marijuana Supplier

Since it legalized medical marijuana back in 2014, Minnesota has licensed two firms to supply the drug to qualifying patients: Leafline and Minnesota Medical Solutions (MMS). MMS is owned by Vireo Health, which also owns a firm licensed by the state of New York to supply medical marijuana to that state’s qualifying patients: Vireo Health…

Posted by on February 15, 2018 in News, Updates, , , , , , , , , , , , , ,


Cases to Watch: Applicant Sues to Block Ohio from Using Racial Preferences in the Award of Commercial Marijuana Licenses

In the book, I discuss the lack of racial diversity in the state-licensed commercial marijuana industry, as well as the measures states have adopted to boost minority participation in that industry (pages 454, 520-25). There are several steps states could take to improve diversity, but one of the most direct is to employ some form…

Posted by on December 15, 2017 in News, Updates, , , , , , , , , , , ,


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