The Marijuana Law, Policy, and Authority Blog
On this page, you’ll find all of my blog posts 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. The posts on this page are organized chronologically, with the most recent post appearing first. The “Resources” tab (on the right) has additional pages that organize the posts differently, to fit different needs. One page organizes the posts by topic, indicating the specific sections of my book where each post most logically fits. The second page highlights a subset of posts that are of particular relevance to certain states.
According to the Bluebook, Rule 18.2, citations to the Blog should be formatted as follows:
Robert A. Mikos, [title of post], Marijuana L., Pol’y, & Auth. Blog ([date]), [web address].
Robert A. Mikos, The Looping Problem in Marijuana Sales, Marijuana L., Pol’y, & Auth. Blog (May 9, 2018), https://my.vanderbilt.edu/marijuanalaw/2018/05/the-looping-problem-in-marijuana-sales/.
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),...... KEEP READING
Posted on Thursday, March 19th, 2020 in News, Updates | Tags: cannabis, deschedule, drug, executive action, international, legalize, marihuana, marijuana, president, reschedule, sanders, schedule, single convention on narcotic drugs, treaty, united nations 1 Comment »
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...... KEEP READING
Posted on Monday, February 17th, 2020 in News, Updates | Tags: cannabis, hager, injured, injury, M&K Construction, marihuana, marijuana, New Jersey, preemption, state, workers' compensation Comments Off on New Jersey Court Orders Employer to Reimburse Injured Employee for Cost of Medical Marijuana
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,...... KEEP READING
Posted on Monday, February 3rd, 2020 in News, Updates | Tags: Big Sky, cannabis, farm bill, forfeit, forfeiture, hemp, idaho, industrial hemp, marihuana, marijuana, seize, seizure Comments Off on Update: State Judge Upholds Idaho Seizure of Massive Hemp Shipment (and Gets Lost Along the Way)
I have just updated two pages under the Resources tab. These pages should help readers manage what has become a very complicated body of law and policy. They organize my blog posts (the Updates) in two different ways: Updates and New Materials by Topic – Identifies the specific section(s) in my book for which each post is most relevant....... KEEP READING
Posted on Monday, December 30th, 2019 in Updates | Comments Off on Updates to Help Organize the Posts on this Website
The question posed by the title of this post is inspired by news that Major League Baseball (MLB) will no longer test or sanction players for using marijuana. The change is one of several the league and its Players Association recently agreed to make to their 2006 Joint Drug Program (JDP). The joint announcement of...... KEEP READING
Posted on Friday, December 13th, 2019 in News, Updates | Tags: athlete, cannabis, drug use, football, joint drug program, major league baseball, marihuana, marijuana, mlb, NCAA, nfl, player, sport Comments Off on May Competitive Athletes Use Marijuana?
In late November 2019, the federal Food and Drug Administration (FDA) warned the public about consuming cannabidiol (CBD). See FDA, What You Need to Know About CBD. It appears the FDA issued the warning because of booming demand for CBD products. From the FDA’s Announcement: “You may have noticed that cannabidiol (CBD) seems to be...... KEEP READING
It escaped my attention earlier, but it looks like the California Bar Association in June issued guidance for California-licensed attorneys informing them of what legal services they may (and may not) ethically provide to marijuana clients. The 16 page opinion from the State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) can be found...... KEEP READING
Posted on Thursday, November 14th, 2019 in News, Updates | Tags: attorney, California, cannabis, ethical, ethics, lawyer, marihuana, marijuana, model rules of professional conduct, opinion, rule 1.2 Comments Off on California Issues (Draft) Formal Ethics Opinion for Attorneys Advising Marijuana Clients
I have just posted a new article discussing how the federal government’s response to state marijuana reforms has evolved over the past 23 years (and through 4 presidential administrations). Readers might be especially interested in the last section of the article, where I discuss how the federal response to state reforms is likely to change...... KEEP READING
Posted on Monday, November 4th, 2019 in News, Updates | Tags: cannabis, delaware, federal, hemp, marihuana, marijuana, Mikos, widener Comments Off on The Evolving Federal Response to State Marijuana Reforms
Over the last several years, there has been a steady shift in the term people use to refer to the drug commonly known as “marijuana.” Namely, people have begun to shun “marijuana” in favor of “cannabis.” The shift in terminology stems at least in part from the belief that the word “marijuana” conjures up various...... KEEP READING
Posted on Friday, November 1st, 2019 in News, Updates | Tags: attitude, cannabis, frame, framing, language, marihuana, marijuana, public opinion, support, term, terminology, word Comments Off on Does Terminology Matter? “Marijuana”, “Cannabis”, and Public Opinion
The United States Department of Agriculture (USDA) has just released its interim rules for the regulation of hemp. The draft rules are designed to fulfill the agency’s responsibility under the 2018 Farm Bill to establish a domestic hemp program. Per the USDA’s document, This interim rule will help expand production and sales of domestic hemp,...... KEEP READING
Posted on Tuesday, October 29th, 2019 in News, Updates | Tags: agriculture, cannabis, hemp, idaho, interim rules, marihuana, marijuana, state plan, united states department of agriculture, usda Comments Off on USDA Releases Draft of Proposed Hemp Regulations
A plaintiff has just filed a products liability lawsuit against several companies that manufacture (or sell) marijuana vape products. The plaintiff blames the Defendants’ products for a lung illness he has recently experienced. The complaint in Wilcoxen v. Canna Brand Solutions, LLC, et al., was filed in Washington State court on September 23, 2019. Several...... KEEP READING
Posted on Friday, October 4th, 2019 in News, Updates | Tags: Canna Brand, cannabis, CCell, lawsuit, litigation, marihuana, marijuana, negligence, negligent, product liability, products liability, strict liability, tort, vape, vaping, Washington, Wilxocen Comments Off on Why We Won’t Learn Much from a New Products Liability Lawsuit Against Marijuana Vape Manufacturers
Chris Conrad, a law student at Georgetown, has written a very interesting new paper on an issue that had previously escaped my attention: Whether the Americans with Disabilities Act (ADA) applies to marijuana dispensaries (e.g., whether those dispensaries must make themselves accessible to persons with disabilities). The issue is of particular salience to medical marijuana...... KEEP READING
Posted on Friday, September 27th, 2019 in News, Updates | Tags: accommodation, ADA, americans with disabilities act, cannabis, disability, discrimination, employer, housing, marihuana, marijuana, title Comments Off on Interesting New Student Note on Application of ADA to Marijuana Dispensaries
[Updated 9/27 to reflect new information from the CDC and to add one new observation on the timing of these illnesses.] In the last few months, doubts have surfaced about the safety of vaping, due to a surge in reports of vaping-linked lung illnesses. The Centers for Disease Control and Prevention (CDC) reports that, as...... KEEP READING
Posted on Wednesday, September 25th, 2019 in News, Updates | Tags: cannabis, CDC, e-cigarettes, juul, lung, marihuana, marijuana, Massachusetts, vape, vaping Comments Off on How Can / Should Regulators Respond to the Vaping Illness Scare?
As I noted last fall (see here), Utah was set to become the first state in the nation to directly participate in the distribution of marijuana. Under the State’s compromise medical marijuana law, the state planned to buy medical marijuana from licensed private cultivators and then distribute that marijuana to qualified patients through local health departments....... KEEP READING
Posted on Tuesday, September 17th, 2019 in News, Updates | Tags: cannabis, central fill, marihuana, marijuana, sb 1002, state distribution, utah Comments Off on UPDATE: Utah Scraps State Marijuana Distribution Plan
I am pleased to report that the American Bar Association (ABA) just adopted a resolution urging Congress to reform federal marijuana laws. The resolution declares: RESOLVED, That the American Bar Association urges Congress to enact legislation to exempt from the Controlled Substances Act any production, distribution, possession, or 3 use of marijuana carried out in...... KEEP READING
Posted on Monday, August 19th, 2019 in News, Updates | Tags: american bar association, attorney, cannabis, Congress, criminal justice section, house of delegates, lawyer, marihuana, marijuana, reform, resolution, resolution 104, task force 4 Comments »