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.

 

UPDATE: Florida Passes Law Removing Ban on Smokable Marijuana

Back in the fall of 2016, Florida voters passed Amendment 2, which legalized the medical use of marijuana. When Florida lawmakers passed legislation to implement the Amendment, they imposed a limitation on how patients could consume marijuana: namely, they defined “medical use” to exclude smoking of marijuana: “(j) ‘Medical use’ . . . . does...... KEEP READING

Posted on Wednesday, March 20th, 2019 in News, Updates | Tags: , , , , , , , , , , , , , No Comments »


States have Proposed Hemp Regulations, but None Yet Approved by USDA

As I explained back in Nov., the 2018 Farm Bill makes some important changes to federal law governing marijuana. See New Congressional Farm Bill Legalizes Some Marijuana. By redefining “marijuana” to exclude hemp (i.e., cannabis plants with very low levels of THC), the Farm Bill legalizes the manufacture, distribution, and possession of those cannabis plants as...... KEEP READING

Posted on Monday, March 4th, 2019 in News, Updates | Tags: , , , , , , , , Comments Off on States have Proposed Hemp Regulations, but None Yet Approved by USDA


NYT piece on popularity of CBD

Roni Caryn Rabin has a new piece in the New York Times discussing what’s behind the newfound popularity of CBD: CBD is Everywhere, but Scientists Still Don’t Know Much About It. As the title of the linked piece suggests, demand for CBD is booming, driven in large part by the belief that the substance can be used...... KEEP READING

Posted on Tuesday, February 26th, 2019 in News, Updates | Tags: , , , , , , 2 Comments »


Federal Court Refuses (for now) to Order Return of 7,000 Pounds of “Hemp” Seized by State Police

In late January 2019, Idaho state police seized a shipment of nearly 7,000 pounds of cannabis plant material on its way from Oregon to Colorado. They have also charged the driver of the truck with felony marijuana trafficking. See coverage of the case at CNN.com, here, and at the Idaho Statesman, here. The case raises...... KEEP READING

Posted on Wednesday, February 13th, 2019 in News, Updates | Tags: , , , , , , , , , , , , Comments Off on Federal Court Refuses (for now) to Order Return of 7,000 Pounds of “Hemp” Seized by State Police


Interesting New Tax Court Decision on Section 280E

[Updated 1/24/19 to elaborate a bit on my two observations] Happy (belated) new year! Back in late November 2018, the United States Tax Court issued a noteworthy decision in a tax proceeding against Harborside Health Center, one of the nation’s largest (if not THE) largest state licensed marijuana suppliers. The full decision in Patients Mutual...... KEEP READING

Posted on Wednesday, January 23rd, 2019 in News, Updates | Tags: , , , , , , , , , , , Comments Off on Interesting New Tax Court Decision on Section 280E


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?