Marijuana Law, Policy, and Authority
marijuana
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 mikosra on July 26, 2020 in News, Updates, bcc, bureau of cannabis control, California, cannabis, command, commandeer, commandeering, confidential, DEA, drug enforcement administration, federal court, license, marihuana, marijuana, privilege, subpoena, tenth Amendment
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 mikosra on June 27, 2020 in News, Updates, cannabis, dormant commerce clause, figueroa, lawsuit, license, licensing, Maine, maine department of administrative and financial services, marihuana, marijuana, residency requirement, resident, united cannabis patients and caregivers of maine, wellness connection
New Paper on Murphy v. NCAA, Commandeering, and State Marijuana Reforms
I’ve just posted a new paper analyzing Murphy v. NCAA, the Supreme Court’s 2018 decision invalidating a federal statute that barred the states from legalizing sports gambling: Murphy’s Mistake, and How to Fix it (SSRN). I previously blogged about the case here. The new paper discusses the case and its implications for state marijuana reforms in much greater depth. The paper has also been…
Posted by mikosra on June 15, 2020 in News, Updates, bet, betting, cannabis, commandeer, commandeering, federalism, gamble, marihuana, marijuana, Murphy, NCAA, printz, professional and amateur sports protection action, sports gambling, wager, wagering
New Study of Diversity and Opportunity in Denver’s Marijuana Industry
In June 2020, the Denver Department of Excise and Licenses released a new report on opportunity in the Denver area marijuana industry. The full Cannabis Business and Employment Opportunity Study is available here. Using a survey of participants in the local marijuana industry, the report seeks to identify the extent to which different factors –…
Posted by mikosra on June 9, 2020 in News, Updates, cannabis, Colorado, denver, diversity, employment, industry, marihuana, marijuana, opportunity, ownership, race, racial, social equity
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 mikosra on May 13, 2020 in News, Updates, cannabis, discriminate, discrimination, dormant commerce clause, license, licensing, Maine, marihuana, marijuana, residency, resident, state
Could “No Action” Letters from the DOJ (and other Federal Agencies) Help State-Licensed Marijuana Suppliers Overcome Some Obstacles They Now Face?
Tom Firestone (Baker McKenzie) has an intriguing post over at the firm’s Global Cannabis Compliance Blog: DOJ No-Action Letters for the Marijuana Industry? In it, he suggests that the DOJ and other key federal agencies (such as the SEC and FinCen) could issue “No Action” letters to state licensed marijuana suppliers and the third parties…
Posted by mikosra on April 30, 2020 in News, Updates, cannabis, Cole, Department of Justice, DOJ, enforcement, enforcement memorandum, marihuana, marijuana, No Action Letter, ogden
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 mikosra on April 2, 2020 in News, Updates, cannabis, commerce, discriminate, discrimination, discriminatory, dormant commerce clause, license, licensing, Maine, marihuana, marijuana, outsider, residency, resident, wellness
Could the President Legalize Marijuana Through Executive Action?
The title of this post is inspired by Senator Bernie Sanders’s campaign promise “to legalize marijuana in the first 100 days [of his Administration] with executive action.” See here. Other Democratic Presidential hopefuls made similar promises, but since Sanders is the last such candidate standing (former Vice President Joe Biden has made no similar promise),…
Posted by mikosra on March 19, 2020 in News, Updates, cannabis, deschedule, drug, executive action, international, legalize, marihuana, marijuana, president, reschedule, sanders, schedule, single convention on narcotic drugs, treaty, united nations
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
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