Marijuana Law, Policy, and Authority

Updates (aka, The Blog)

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].

For example:

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/.

 

Updates to Help Organize the Posts on this Website

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


May Competitive Athletes Use Marijuana?

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). MLB’s announcement of the...... KEEP READING

Posted on Friday, December 13th, 2019 in News, Updates | Tags: , , , , , , , , , , , , Comments Off on May Competitive Athletes Use Marijuana?


What are the Harms of CBD Use? Making Sense of the FDA’s Recent Warning

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

Posted on Monday, December 2nd, 2019 in News, Updates | Tags: , , , , , , , , 1 Comment »


California Issues (Draft) Formal Ethics Opinion for Attorneys Advising Marijuana Clients

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: , , , , , , , , , , Comments Off on California Issues (Draft) Formal Ethics Opinion for Attorneys Advising Marijuana Clients


The Evolving Federal Response to State Marijuana Reforms

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: , , , , , , , Comments Off on The Evolving Federal Response to State Marijuana Reforms


Does Terminology Matter? “Marijuana”, “Cannabis”, and Public Opinion

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: , , , , , , , , , , , Comments Off on Does Terminology Matter? “Marijuana”, “Cannabis”, and Public Opinion


USDA Releases Draft of Proposed Hemp Regulations

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: , , , , , , , , , Comments Off on USDA Releases Draft of Proposed Hemp Regulations


Why We Won’t Learn Much from a New Products Liability Lawsuit Against Marijuana Vape Manufacturers

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: , , , , , , , , , , , , , , , , Comments Off on Why We Won’t Learn Much from a New Products Liability Lawsuit Against Marijuana Vape Manufacturers


Interesting New Student Note on Application of ADA to Marijuana Dispensaries

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: , , , , , , , , , , Comments Off on Interesting New Student Note on Application of ADA to Marijuana Dispensaries


How Can / Should Regulators Respond to the Vaping Illness Scare?

[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: , , , , , , , , , Comments Off on How Can / Should Regulators Respond to the Vaping Illness Scare?


UPDATE: Utah Scraps State Marijuana Distribution Plan

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: , , , , , , Comments Off on UPDATE: Utah Scraps State Marijuana Distribution Plan


ABA Passes Resolution Calling Upon Congress to Reform Federal Marijuana Policy

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: , , , , , , , , , , , , 4 Comments »


Nebraska Attorney General Gives the State Some Bad Legal Advice Concerning Marijuana Legalization

On August 1, Nebraska Attorney General Douglas Peterson gave the state some bad legal advice concerning proposed medical marijuana legislation (the Medical Cannabis Act). In response to a request from a state senator, he concluded that the MCA would be preempted by the federal Controlled Substances Act (CSA) and thus null and void. The AG’s full...... KEEP READING

Posted on Sunday, August 4th, 2019 in News, Updates | Tags: , , , , , , , , , , , 1 Comment »


What Does New York’s Latest Marijuana Decriminalization Measure Accomplish?

As reported in various outlets, e.g., The Hill  and the New York Times, New York Governor Andrew Cuomo signed legislation on Tuesday that decriminalizes some low-level marijuana offenses and expunges (or seals) records of prior (and future) convictions for such offenses. The full legislation can be found at the NY Assembly website here.  The linked...... KEEP READING

Posted on Friday, August 2nd, 2019 in News, Updates | Tags: , , , , , , , , , Comments Off on What Does New York’s Latest Marijuana Decriminalization Measure Accomplish?


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 . . .