New Jersey Court Orders Employer to Reimburse Injured Employee for Cost of Medical Marijuana

In January 2020, a New Jersey state court ordered an employer to cover the costs of an injured employee’s medical marijuana. The full 31 page decision in Hager v. M&K Construction can be found here. The New Jersey court ruling recognizes a split among state courts concerning whether state agencies may require employers to cover…

Posted by mikosra on February 17, 2020 in News, Updates, cannabis, hager, injured, injury, M&K Construction, marihuana, marijuana, New Jersey, preemption, state, workers' compensation

---

Update: State Judge Upholds Idaho Seizure of Massive Hemp Shipment (and Gets Lost Along the Way)

This is an update on an interesting case I blogged about last January. See Federal Court Refuses (for now) to Order Return of 7,000 Pounds of “Hemp” Seized by State Police. I encourage readers to review my earlier post before diving into this post, which covers some key developments in the case since last January,…

Posted by mikosra on February 3, 2020 in News, Updates, Big Sky, cannabis, farm bill, forfeit, forfeiture, hemp, idaho, industrial hemp, marihuana, marijuana, seize, seizure

---

May Competitive Athletes Use Marijuana?

The question posed by the title of this post is inspired by news that Major League Baseball (MLB) will no longer test or sanction players for using marijuana. The change is one of several the league and its Players Association recently agreed to make to their 2006 Joint Drug Program (JDP). The joint announcement of…

Posted by mikosra on December 13, 2019 in News, Updates, athlete, cannabis, drug use, football, joint drug program, major league baseball, marihuana, marijuana, mlb, NCAA, nfl, player, sport

---

What are the Harms of CBD Use? Making Sense of the FDA’s Recent Warning

In late November 2019, the federal Food and Drug Administration (FDA) warned the public about consuming cannabidiol (CBD). See FDA, What You Need to Know About CBD. It appears the FDA issued the warning because of booming demand for CBD products. From the FDA’s Announcement: “You may have noticed that cannabidiol (CBD) seems to be…

Posted by mikosra on December 2, 2019 in News, Updates, cannabidiol, cannabis, CBD, epidiolex, FDA, harms, marihuana, marijuana, risks

---

California Issues (Draft) Formal Ethics Opinion for Attorneys Advising Marijuana Clients

It escaped my attention earlier, but it looks like the California Bar Association in June issued guidance for California-licensed attorneys informing them of what legal services they may (and may not) ethically provide to marijuana clients. The 16 page opinion from the State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) can be found…

Posted by mikosra on November 14, 2019 in News, Updates, attorney, California, cannabis, ethical, ethics, lawyer, marihuana, marijuana, model rules of professional conduct, opinion, rule 1.2

---

The Evolving Federal Response to State Marijuana Reforms

I have just posted a new article discussing how the federal government’s response to state marijuana reforms has evolved over the past 23 years (and through 4 presidential administrations). Readers might be especially interested in the last section of the article, where I discuss how the federal response to state reforms is likely to change…

Posted by mikosra on November 4, 2019 in News, Updates, cannabis, delaware, federal, hemp, marihuana, marijuana, Mikos, widener

---

Does Terminology Matter? “Marijuana”, “Cannabis”, and Public Opinion

Over the last several years, there has been a steady shift in the term people use to refer to the drug commonly known as “marijuana.” Namely, people have begun to shun “marijuana” in favor of “cannabis.” The shift in terminology stems at least in part from the belief that the word “marijuana” conjures up various…

Posted by mikosra on November 1, 2019 in News, Updates, attitude, cannabis, frame, framing, language, marihuana, marijuana, public opinion, support, term, terminology, word

---

USDA Releases Draft of Proposed Hemp Regulations

The United States Department of Agriculture (USDA) has just released its interim rules for the regulation of hemp. The draft rules are designed to fulfill the agency’s responsibility under the 2018 Farm Bill to establish a domestic hemp program. Per the USDA’s document, This interim rule will help expand production and sales of domestic hemp,…

Posted by mikosra on October 29, 2019 in News, Updates, agriculture, cannabis, hemp, idaho, interim rules, marihuana, marijuana, state plan, united states department of agriculture, usda

---

Why We Won’t Learn Much from a New Products Liability Lawsuit Against Marijuana Vape Manufacturers

A plaintiff has just filed a products liability lawsuit against several companies that manufacture (or sell) marijuana vape products. The plaintiff blames the Defendants’ products for a lung illness he has recently experienced. The complaint in Wilcoxen v. Canna Brand Solutions, LLC, et al., was filed in Washington State court on September 23, 2019. Several…

Posted by mikosra on October 4, 2019 in News, Updates, Canna Brand, cannabis, CCell, lawsuit, litigation, marihuana, marijuana, negligence, negligent, product liability, products liability, strict liability, tort, vape, vaping, Washington, Wilxocen

---

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 mikosra on September 27, 2019 in News, Updates, accommodation, ADA, americans with disabilities act, cannabis, disability, discrimination, employer, housing, marihuana, marijuana, title

---