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.

 

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: , , , , , , , , , , No Comments »


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


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...... KEEP READING

Posted on Saturday, July 28th, 2018 in News, Updates | Tags: , , , , , , , , , Comments Off on UPDATE: The Criminal Case Against a San Diego Marijuana Attorney has Settled


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...... KEEP READING

Posted on Monday, July 16th, 2018 in News, Updates | Tags: , , , , , , , , , , , , Comments Off on Only One State Has Not Yet Legalized Marijuana in Some Form . . .


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...... KEEP READING

Posted on Friday, July 13th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , Comments Off on New York State Department of Health Releases Report on Legalization


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...... KEEP READING

Posted on Thursday, June 28th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , Comments Off on UPDATE: Maine Supreme Court Holds State Worker Compensation Law Preempted


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...... KEEP READING

Posted on Saturday, June 9th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , Comments Off on Two New Articles on the International Law Ramifications of State Marijuana Reforms


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...... KEEP READING

Posted on Thursday, June 7th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , , , , , , , , , 4 Comments »


Should the Patent & Trademark Office Register Trademarks for Marijuana Products?

Two weeks ago, I had the opportunity to debate the question posed by the title of this post with Shabnam Malek, a pioneering trademark attorney with Brand & Branch, LLP. The debate was organized by the International Trademarks Association (INTA) for its annual meeting in Seattle, and it was expertly moderated by Dean Megan Carpenter...... KEEP READING

Posted on Wednesday, June 6th, 2018 in News, Updates | Tags: , , , , , , , , , Comments Off on Should the Patent & Trademark Office Register Trademarks for Marijuana Products?


Arizona Supreme Court says State May not Criminalize Possession of Medical Marijuana on College Campuses

On Wednesday, in Arizona v. Maestas, the Arizona Supreme Court invalidated a 2012 state statute that had criminalized the simple possession of medical marijuana on college campuses. The Court found that the statutory prohibition conflicted with a voter approved initiative—the 2010 Arizona Medical Marijuana Act (AMMA). The AMMA lists a handful of places where the legislature...... KEEP READING

Posted on Friday, May 25th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , , Comments Off on Arizona Supreme Court says State May not Criminalize Possession of Medical Marijuana on College Campuses


The Implications of Murphy v. NCAA for State Marijuana Reforms

[Updated for clarity] On Monday, the Supreme Court decided a case that should help insulate state marijuana legalization from preemption challenge. The decision in Murphy v. NCAA invalidated a federal law–the Professional and Amateur Sports Protection Act (PASPA)—that had prohibited the states from (inter alia) “authoriz[ing] by law” sports gambling. 28 U.S.C. § 3702(1). I’ll summarize the...... KEEP READING

Posted on Thursday, May 17th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , , , , Comments Off on The Implications of Murphy v. NCAA for State Marijuana Reforms


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...... KEEP READING

Posted on Wednesday, May 9th, 2018 in News, Updates | Tags: , , , , , , , , , 2 Comments »


Two Interesting Developments in Maryland’s Medical Marijuana Law

The Maryland legislature just passed a bill amending the state’s medical marijuana law. The Governor is expected to sign the legislation, which can be viewed here. Two particular changes struck me as noteworthy: 1. First, the bill adopts new—and carefully designed—measures to address racial disparities in the state-licensed commercial marijuana industry. As I discuss in...... KEEP READING

Posted on Thursday, April 12th, 2018 in News, Updates | Tags: , , , , , , , , , , , , , , , , , , , , , , , Comments Off on Two Interesting Developments in Maryland’s Medical Marijuana Law