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.

 

What Makes Illinois’s New Adult-Use Marijuana Law Noteworthy . . .

On Tuesday, Gov. J.B. Pritzker signed legislation that made Illinois the 11th state (or 12th state-like jurisdiction, if you count D.C.) to legalize adult-use (aka recreational) marijuana. Illinois legalized medical marijuana back in 2013. The full Cannabis Regulation and Tax Act (CRTA) can be found here. It’s long (600 pages), but the state has prepared...... KEEP READING

Posted on Friday, June 28th, 2019 in News, Updates | Tags: , , , , , , , , , , , , , Comments Off on What Makes Illinois’s New Adult-Use Marijuana Law Noteworthy . . .


New Article on Enforcement of Marijuana Patents

I recommend readers check out Professor Bill McNichol’s (Rutgers) new article on the enforcement of marijuana patents: William J. McNichol, Jr., The New Highwayman: Enforcement of U.S. Patents on Cannabis Products, 101 J. of Patent and Trademark Office Society 24 (2019). (The link is to the SSRN version of the piece.) Here is the abstract:...... KEEP READING

Posted on Thursday, June 6th, 2019 in News, Updates | Tags: , , , , , , , Comments Off on New Article on Enforcement of Marijuana Patents


The Collision Between Federal Immigration Law and State Marijuana Reforms

In mid-April, U.S. Citizenship and Immigration Services (USCIS) issued new guidance clarifying the immigration consequences of state marijuana reforms. The USCIS guidance can be found in Chapter 5 of the USCIS Policy Manual. The guidance was prompted by recent cases in which USCIS has denied the citizenship applications of immigrants, solely because those immigrants acknowledged...... KEEP READING

Posted on Monday, April 22nd, 2019 in News, Updates | Tags: , , , , , , , , , , , Comments Off on The Collision Between Federal Immigration Law and State Marijuana Reforms


Federal Marijuana Banking Bill Advances (a Little)

As reported by Tom Angell, the House Committee on Financial Services just voted (45-15) to approve a version of the Secure and Fair Enforcement (SAFE) Banking Act. You can find the full story at Forbes here. Here is the text of the original House bill (HR 1595): SAFE Banking Act (Original House version).   The Forbes article...... KEEP READING

Posted on Saturday, March 30th, 2019 in News, Updates | Tags: , , , , , , , , , Comments Off on Federal Marijuana Banking Bill Advances (a Little)


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: , , , , , , , , , , , , , Comments Off on UPDATE: Florida Passes Law Removing Ban on Smokable Marijuana


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