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/.
As I blogged about earlier, the state of Maine recently abandoned a residency requirement for obtaining commercial adult use marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses and UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge. Residency had been expressly required by the state’s adult use marijuana law (the 2018 Marijuana Legalization Act),...... KEEP READING
Posted on Saturday, June 27th, 2020 in News, Updates | Tags: cannabis, dormant commerce clause, figueroa, lawsuit, license, licensing, Maine, maine department of administrative and financial services, marihuana, marijuana, residency requirement, resident, united cannabis patients and caregivers of maine, wellness connection No Comments »
I’ve just posted a new paper analyzing Murphy v. NCAA, the Supreme Court’s 2018 decision invalidating a federal statute that barred the states from legalizing sports gambling: Murphy’s Mistake, and How to Fix it (SSRN). I previously blogged about the case here. The new paper discusses the case and its implications for state marijuana reforms in much greater depth. The paper has also been...... KEEP READING
Posted on Monday, June 15th, 2020 in News, Updates | Tags: bet, betting, cannabis, commandeer, commandeering, federalism, gamble, marihuana, marijuana, Murphy, NCAA, printz, professional and amateur sports protection action, sports gambling, wager, wagering Comments Off on New Paper on Murphy v. NCAA, Commandeering, and State Marijuana Reforms
In June 2020, the Denver Department of Excise and Licenses released a new report on opportunity in the Denver area marijuana industry. The full Cannabis Business and Employment Opportunity Study is available here. Using a survey of participants in the local marijuana industry, the report seeks to identify the extent to which different factors –...... KEEP READING
Posted on Tuesday, June 9th, 2020 in News, Updates | Tags: cannabis, Colorado, denver, diversity, employment, industry, marihuana, marijuana, opportunity, ownership, race, racial, social equity Comments Off on New Study of Diversity and Opportunity in Denver’s Marijuana Industry
A few weeks ago I blogged about an interesting lawsuit challenging Maine’s residency requirement for commercial recreational marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses. Brought by a Delaware corporation, the suit claimed that the residency requirement violated the Dormant Commerce Clause doctrine. Although I suggested two reasons why Maine...... KEEP READING
Posted on Wednesday, May 13th, 2020 in News, Updates | Tags: cannabis, discriminate, discrimination, dormant commerce clause, license, licensing, Maine, marihuana, marijuana, residency, resident, state Comments Off on UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge
Could “No Action” Letters from the DOJ (and other Federal Agencies) Help State-Licensed Marijuana Suppliers Overcome Some Obstacles They Now Face?
Tom Firestone (Baker McKenzie) has an intriguing post over at the firm’s Global Cannabis Compliance Blog: DOJ No-Action Letters for the Marijuana Industry? In it, he suggests that the DOJ and other key federal agencies (such as the SEC and FinCen) could issue “No Action” letters to state licensed marijuana suppliers and the third parties...... KEEP READING
Posted on Thursday, April 30th, 2020 in News, Updates | Tags: cannabis, Cole, Department of Justice, DOJ, enforcement, enforcement memorandum, marihuana, marijuana, No Action Letter, ogden 3 Comments »
A Delaware corporation (Wellness Connection) has sued Maine, challenging a provision of that state’s recreational marijuana law that bars out-of-state companies and non-resident investors from obtaining commercial marijuana licenses. The suit was filed on March 20, 2020, in the U.S. District Court for the District of Maine. The story has been reported in local papers...... KEEP READING
Posted on Thursday, April 2nd, 2020 in News, Updates | Tags: cannabis, commerce, discriminate, discrimination, discriminatory, dormant commerce clause, license, licensing, Maine, marihuana, marijuana, outsider, residency, resident, wellness Comments Off on Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses
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