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 Materials now Organized by Topic and State

To keep the book up to date and to enable more customization (e.g., by state), I have organized all of the new materials posted on this site (updates and links) in two ways: by Topic and by State (where applicable). Check out the new pages (both found under the Additional Materials Tab).... KEEP READING

Posted on Friday, November 17th, 2017 in News | No Comments »


Caveat Emptor: Are Marijuana Labels Accurate?

As discussed in the book, many legalization states have adopted detailed labeling requirements for marijuana products (see pages 456-462). Among other things, suppliers must clearly indicate the quantity of THC and CBD contained in packages of marijuana. Labeling requirements like these are designed to inform consumers and thereby help them make better consumption choices. To...... KEEP READING

Posted on Wednesday, November 15th, 2017 in News, Updates | Tags: , , , , , , , , , , , , , No Comments »


What’s the Point of Rescheduling Marijuana in a Medical Marijuana State?

A number of sites have reported on Kadonsky v. Lee, in which a New Jersey appellate court just ordered a state official to consider rescheduling marijuana under the state’s Controlled Dangerous Substances Act (CDSA). New Jersey’s CDSA is virtually identical to the federal Controlled Substances Act (CSA). Marijuana remains a Schedule I controlled substance under...... KEEP READING

Posted on Wednesday, November 1st, 2017 in News, Updates | Tags: , , , , , , , , Comments Off on What’s the Point of Rescheduling Marijuana in a Medical Marijuana State?


Spillover Effects of Permissive Marijuana Laws — Lessons from Local Alcohol and Firearms Controls

All recreational marijuana states give local governments the power to ban the commercial distribution of the drug. Even some medical marijuana states do the same. The appeal of such “marijuana localism” is plain: It arguably gives communities that oppose legalization the ability to “opt-out” of legalization and thereby defuses some opposition to state reforms. A...... KEEP READING

Posted on Tuesday, October 31st, 2017 in News | Comments Off on Spillover Effects of Permissive Marijuana Laws — Lessons from Local Alcohol and Firearms Controls


Insurance for Marijuana Suppliers

Marijuana suppliers often cannot obtain insurance coverage, which heightens their exposure to risks. As reported in The Cannabist, recent California wildfires highlight the risks these suppliers now must face on their own. Jay Mootz (University of the Pacific – McGeorge School of Law), has an informative new article that discusses insurance for the marijuana industry:...... KEEP READING

Posted on Wednesday, October 25th, 2017 in News, Updates | Tags: , , , , , , , , Comments Off on Insurance for Marijuana Suppliers


California’s Public Education Campaign

When states legalize marijuana for adults, they commonly launch campaigns to educate the public on how to use the drug safely. The book discusses some examples drawn from early adopters, like Colorado’s “Good to Know” campaign (see pages 232-35 and 500, n.3). Now California is getting in on the act. Last month the state department...... KEEP READING

Posted on Friday, October 20th, 2017 in News, Updates | Tags: , , , , , , , , , Comments Off on California’s Public Education Campaign


The Odd Legal Status of CBD under Federal Law

As discussed in Chapter 4 of the book, much of the controversy surrounding marijuana’s purported benefits and harms has stemmed from THC, the psychoactive cannabinoid commonly found in the cannabis plant. However, another non-psychoactive cannabinoid, cannabidiol (CBD), has been drawing increasing interest, because it purportedly generates its own distinct medical benefits (e.g., in calming seizures) while producing none...... KEEP READING

Posted on Wednesday, October 18th, 2017 in News, Updates | Tags: , , , , , , Comments Off on The Odd Legal Status of CBD under Federal Law


Cases to Watch: Bourgoin v. Twin Rivers and Workers’ Compensation

State marijuana reforms spawn a host of interesting (by which I mean complicated) questions for employers. To date, the question that has drawn the most attention concerns whether employers are required to accommodate employees’ use of marijuana off the job. That issue is discussed in my book at pages 662-681 and on this blog here and here....... KEEP READING

Posted on Friday, October 6th, 2017 in News, Updates | Tags: , , , , , , , , , , , , Comments Off on Cases to Watch: Bourgoin v. Twin Rivers and Workers’ Compensation


The Ongoing Criminal Case Against a San Diego Marijuana Law Attorney

Back in May 2017, the San Diego County District Attorney filed criminal charges against a medical marijuana dispensary (Med West) for allegedly producing concentrated cannabis oil using dangerous chemicals. I discuss the key statute involved in the case on pages 305-07 of my book. Even more notably, the district attorney also filed charges against the...... KEEP READING

Posted on Friday, September 29th, 2017 in News, Updates | Tags: , , , , , , , , , Comments Off on The Ongoing Criminal Case Against a San Diego Marijuana Law Attorney


New Article Proposes Expanded State Protections for Marijuana Trademarks

As discussed in my book (pages 406-412), marijuana suppliers currently cannot obtain federal protection for their trademarks (or other intellectual property). Some states do provide protection for marijuana trademarks, but that protection is often limited (n. 4, page 411). But Russ Jacobs, who is corporate counsel at Starbucks, has proposed a novel way to expand...... KEEP READING

Posted on Friday, September 22nd, 2017 in Updates | Tags: , , , Comments Off on New Article Proposes Expanded State Protections for Marijuana Trademarks


Are Physicians Being Adequately Trained to Recommend Marijuana to Their Patients?

Just because a state legalizes medical marijuana doesn’t mean that physicians will necessarily recommend the drug to their patients. Indeed, surveys have shown that only a small percentage of physicians in medical marijuana states have recommended the drug to their patients or plan to in the future (page 616 of my book). As I discuss...... KEEP READING

Posted on Friday, September 15th, 2017 in News, Updates | Tags: , , , , , , , Comments Off on Are Physicians Being Adequately Trained to Recommend Marijuana to Their Patients?


Iowa Officials Urged Not to Permit Importation of CBD from Minnesota

The Iowa Attorney General’s office just advised the state health department not to authorize two Minnesota medical marijuana dispensaries to supply medical marijuana to Iowa residents. If heeded, the advice would nullify a novel provision of Iowa’s nascent medical marijuana program. The provision, adopted as part of a package of reforms in May 2017, calls...... KEEP READING

Posted on Tuesday, September 12th, 2017 in News, Updates | Tags: , , , , , , Comments Off on Iowa Officials Urged Not to Permit Importation of CBD from Minnesota


Interesting Opportunity to Try to Shape the WHO’s Scheduling of CBD (and Possibly Domestic Law Too)

The World Health Organization (WHO) is apparently reviewing the scheduling of Cannabidiol (CBD) and 16 other drugs under the 1971 Convention on Psychotropic Substances. Prior to a meeting of the relevant WHO committee in early November, the WHO has asked member states (including the U.S.) for input. The Food and Drug Administration (FDA) is responsible...... KEEP READING

Posted on Wednesday, August 23rd, 2017 in News, Updates | Tags: , , , , , , , , , , , Comments Off on Interesting Opportunity to Try to Shape the WHO’s Scheduling of CBD (and Possibly Domestic Law Too)


Useful Marijuana Law Links Posted

I have just posted an assortment of links to external websites that provide more news and additional perspectives on marijuana law and policy. The links can be found on the right hand column under Resources: External Links page. They are organized (loosely) into five categories: Advocacy Organizations Blogs and News Government Agencies Industry Sites Research Sites...... KEEP READING

Posted on Friday, August 18th, 2017 in Updates | Tags: , , , , , , Comments Off on Useful Marijuana Law Links Posted


Coverage of DOJ’s Response to Legalization

The Cannabist has compiled a wonderful collection of primary documents detailing the back-and-forth between the governors of the first four recreational legalization states (Alaska, Colorado, Oregon, and Washington) and the U.S. Attorney General, Jeff Sessions. The documents include: April 2017 letters from state leaders imploring Sessions to adhere to the Obama Administration’s non-enforcement policy. That...... KEEP READING

Posted on Thursday, August 17th, 2017 in News, Updates | Tags: , , , , , , , , , Comments Off on Coverage of DOJ’s Response to Legalization