Why I Write and Teach About Marijuana Law

The publisher of my textbook (Aspen/Wolters Kluwer) has just posted an author spotlight on me. The spotlight consists of an interview I did months ago in which I discuss how I first entered the marijuana law field, why I continue to teach and write in this area, and other related topics. I’ve blogged about many of…

Posted by mikosra on September 20, 2018 in News, cannabis, casebook, class, college, course, law school, marihuana, marijuana, Mikos, teach, textbook

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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 mikosra on August 27, 2018 in News, Updates, 18 usc 1962, 18 usc 1964, 1962, 1964, Ainsworth, cannabis, civil RICO, Colorado, Dhanda, Healthy Pharms, lawsuit, marihuana, marijuana, Massachusetts, Oregon, Owenby, property, RICO, Safe Streets, use or enjoyment

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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 mikosra on August 17, 2018 in News, Updates, cannabis, label, marihuana, marijuana, packaging

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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 mikosra on August 2, 2018 in News, Updates, cannabis, Cole, Congress, enforcement guidance, federal, legalize, marihuana, marijuana, Murphy, ncsl, ogden, paraphernalia, Sessions, states

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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 mikosra on July 28, 2018 in News, Updates, attorney, cannabis, ethics, jessica mcelfresh, lawyer, marihuana, marijuana, med west, san diego, slatic

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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 mikosra on July 16, 2018 in News, Updates, cannabidiol, cannabis, CBD, chart, count of states, idaho, kansas, legalization, legalize, marihuana, marijuana, oklahoma, trends

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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 mikosra on July 13, 2018 in News, Updates, adult use, benefits, cannabis, comparison, cuomo, department of health, harms, legalization, legalize, marihuana, marijuana, New York, recreational, report

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UPDATE: Maine Supreme Court Holds State Worker Compensation Law Preempted

Last week the Maine Supreme Court issued its decision in Bourgoin v. Twin Rivers. For the full opinion, see here. I blogged about the case back in October: see Cases to Watch: Bourgoin v. Twin Rivers and Workers’ Compensation. In this post, I’ll briefly describe the court’s recent holding and then provide a few thoughts…

Posted by mikosra on June 28, 2018 in News, Updates, Bourgoin, cannabis, controlled substances act, employee, employer, employment, Maine, marihuana, marijuana, medical marijuana, preempt, preempted, preemption, reimburse, Twin Rivers, workers' compensation

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Two New Articles on the International Law Ramifications of State Marijuana Reforms

State marijuana reforms raise a host of nettlesome–and seldom discussed–questions about United States compliance with and the ultimate fate of international drug control treaties. Fortunately, two new articles focus on those questions and begin to fill the gap in the literature. The first is by Brian Blumenfed, an attorney and researcher: Pacta Sunt Servanda: State Legalization of Marijuana…

Posted by mikosra on June 9, 2018 in News, Updates, blumenfeld, breach, cannabis, convention, drug control, international law, legalization, legalize, marihuana, marijuana, tackeff, treaties, treaty, violate, violation

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Analysis of the Warren-Gardner STATES Act

[Update 6/8: I redrafted some of the language below for clarity and conciseness.] On June 7, Senators Elizabeth Warren (D MA) and Cory Gardner (R CO) formally introduced legislation to eliminate much of the conflict between state and federal marijuana laws. A full copy of the proposed legislation, called the “Strengthening the Tenth Amendment Through…

Posted by mikosra on June 7, 2018 in News, Updates, Blumenauer, Booker, cannabis, Colorado, cory, elizabeth, federalism, gardner, House, legalization, legalize, marihuana, marijuana, marijuana justice act, Massachusetts, prohibit, prohibition, reform, senate, senator, STATES Act, tenth Amendment, universal fix, warren, warren/gardner

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