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.

 

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: , , , , , , , No Comments »


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: , , , , , , , , , , , No Comments »


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: , , , , , , , , , No Comments »


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 . . .


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


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