Marijuana Law, Policy, and Authority

Updates

On this page, you’ll find blog posts and links to external sites discussing important new developments in the field of marijuana law and policy. Where applicable, the posts will explain where the new materials fit in the book.

 

New Congressional Farm Bill Legalizes Some Marijuana

[Updated 12/21 10:45 am: As expected, President Trump signed the Farm Bill into law on Dec. 20. The Commissioner of the FDA also issued a notable statement on the Bill (h/t to Doug Berman). The Commissioner emphasizes the points I make below regarding the ongoing limitations imposed by the FDCA on the use of CBD...... KEEP READING

Posted on Thursday, December 13th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , Comments Off on New Congressional Farm Bill Legalizes Some Marijuana


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....... KEEP READING

Posted on Tuesday, November 20th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , , Comments Off on UPDATE: State Judge Holds Use of Race in Ohio Medical Marijuana Licensing Unconstitutional


UPDATE: Voters in 3 of 4 States Approve Marijuana Legalization Measures

The poll results from the fall 2018 election are now in. Voters in 3 of 4 states approved marijuana legalization measures. Michigan voters approved Proposal 1 by 56% to 44%, making Michigan the 11th state (if we include D.C.) to legalize recreational marijuana. North Dakota voters rejected a recreational legalization measure (Measure 3) by 60%...... KEEP READING

Posted on Wednesday, November 7th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , Comments Off on UPDATE: Voters in 3 of 4 States Approve Marijuana Legalization Measures


Podcast on Good Law, Bad Law

Readers might be interested in a recent podcast I did with Aaron Freiwald, a Philly area attorney who runs an excellent podcast series called Good Law, Bad Law. The series is conversational in style and covers a host of legal topics — my conversation with Aaron, for example, spanned a number of subjects relating to marijuana law....... KEEP READING

Posted on Friday, November 2nd, 2018 in News | Tags: , , , , , Comments Off on Podcast on Good Law, Bad Law


UPDATE: Plaintiff Loses Colorado RICO Lawsuit (Safe Streets)

As reported by various new outlets (see links below), the jury in the Safe Streets case (now known as Reilly v. 6480 Pickney, LLC) rejected the plaintiff-landowners’ civil RICO claims against a state-licensed marijuana supplier. I discuss the plaintiffs’ claims in an earlier post here and in the book (pages 403-406). Although the defendant (and...... KEEP READING

Posted on Thursday, November 1st, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , , Comments Off on UPDATE: Plaintiff Loses Colorado RICO Lawsuit (Safe Streets)


Four Marijuana Measures on the Ballot in November 2018

Voters will decide the fate of marijuana legalization measures in four states next week. Michigan and North Dakota voters will decide whether to legalize recreational marijuana (both states already have medical marijuana laws), and Missouri and Utah voters will decide whether to legalize medical marijuana (both states already have CBD laws). The Washington Post has...... KEEP READING

Posted on Monday, October 29th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , , , , , , Comments Off on Four Marijuana Measures on the Ballot in November 2018


The Foreignness of Canadian Marijuana Legalization

On October 17, Canada became the second country to legalize recreational marijuana (Uruguay did so in 2014). The Canadian Government has posted the full text of the nation’s recreational marijuana laws (including The Cannabis Act) here. It also has a useful summary of the laws here. In many respects, Canada’s new law resembles the laws...... KEEP READING

Posted on Friday, October 19th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , Comments Off on The Foreignness of Canadian Marijuana Legalization


Observations On Utah’s Proposed State Distribution System

[Updated 10/15 to address the possibility of suits in state court.] Just as Utah residents are about to vote on a medical marijuana initiative (Proposition 2), proponents and opponents of the initiative (including Governor Herbert) have announced plans to adopt a compromise medical marijuana law in the state legislature. See the full text of the Utah...... KEEP READING

Posted on Friday, October 12th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , Comments Off on Observations On Utah’s Proposed State Distribution System


How to Lure Consumers Away from the Marijuana Black Market

[Updated 10/8 8:44 am to add more information.] Even in states that have legalized the commercial supply of marijuana, some lawful consumers continue to purchase marijuana from the black market. Those black market sales pose several problems for state regulators; among other things, for example, they (likely) don’t generate any marijuana tax revenues for the...... KEEP READING

Posted on Friday, October 5th, 2018 in News, Updates | Tags: , , , , , , 1 Comment »


Is CBD Legal Under Federal Law?

[Update 12/21 10:45 am: Readers should note that the 2018 Farm Bill has important ramifications of the legality of CBD under federal law. I discuss the Farm Bill and its implications for CBD in this post here.  In a nutshell, the Farm Bill makes it legal to possess, manufacture, and distribute CBD extracted from all cannabis plants...... KEEP READING

Posted on Friday, September 28th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , Comments Off on Is CBD Legal Under Federal Law?


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...... KEEP READING

Posted on Monday, September 24th, 2018 in News, Updates | Tags: , , , , , , , , , , , Comments Off on Update: Connecticut Employment Discrimination Case (Noffsinger v. SSC Niantic)


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...... KEEP READING

Posted on Thursday, September 20th, 2018 in News | Tags: , , , , , , , , , , Comments Off on Why I Write and Teach About Marijuana Law


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...... KEEP READING

Posted on Monday, August 27th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , , , , Comments Off on Court Dismisses Civil RICO Suit Against Marijuana Supplier, Tees Up Potential Circuit Split


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...... KEEP READING

Posted on Friday, August 17th, 2018 in News, Updates | Tags: , , , , Comments Off on Visualizing Different State Labeling Requirements


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...... KEEP READING

Posted on Thursday, August 2nd, 2018 in News, Updates | Tags: , , , , , , , , , , , , , Comments Off on Recapping 3 Notable Federal Developments Affecting Marijuana Law in 2018