Few things are as bi-partisan as constructing a snazzy acronym for federal legislation, and Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) did not disappoint with the “Strengthening the Tenth Amendment Through Entrusting States Act” (“STATES Act”). As its name suggest, the goal of the STATES Act is to protect regulated cannabis businesses and users
Breaking News – Florida’s Ban on Smoking Cannabis is Ruled Unconstitutional
After a closely watched one day trial last week, Judge Karen Gievers issued a 22 page Order and Final Judgment. Judge Gievers found that the legislation which implemented Amendment 2 (medical marijuana) is unconstitutional because it conflicts with the language of the constitutional amendment itself.
Section 381.986, Florida Statutes (2017) unconstitutionally restricts rights that
Florida Medical Marijuana – Litigation Update
Grow Your Own Case
Recently, I posted about a Leon County, Florida Court case in which the Judge found in favor of a medical marijuana patient who sought permission to grow his own medical marijuana because he needed the raw plant for the treatment his state-certified doctor had prescribed to him for his stage 4
In Boost for Cannabis Infusion Market, California Adds New Type-S License
In an Alert published Thursday, Fox partner Tracy Gallegos and associate Lynnel Reyes examined new emergency regulations recently proposed by the California Department of Public Health to allow Type 6, 7, or N cannabis licensed manufacturers to register their facility as a “shared-use” facility. The regulations also provide for a new license, the Type S
Florida Court Decision in Favor of Patient Who Wants to Grow His Own Medical Marijuana
Florida’s medical marijuana regulations do not presently permit medical marijuana patients to grow their own medical marijuana. Florida’s Department of Health’s website states the following:
Florida law only allows the licensed dispensing organizations to grow, process and dispense marijuana. The department will refer any business or individual suspected of violating state law to local law
Arkansas Medical Cannabis Program Enjoined
Yesterday, a judge in Arkansas enjoined the issuance of any medical cannabis cultivation licenses because of irregularities in the process. I was interview by a local TV station, which can be seen here; http://www.nwahomepage.com/news/arkansans-may-wait-another-year-before-getting-medical-marijuana/1066923671.
You’re Invited!: “New Marijuana Law Update in New York” Webinar
On May 16, 2018, Fox partner Alexander Leonard and associates Matt Kittay and Zev Singer will present a live webinar on New York’s new medical marijuana law and its impact on employers. Alexei, Matt and Zev will discuss key provisions of the new law and their interplay with federal law; practical implications for employers including
The Green Elephant in the Room: In re Olson
Jesse Harris writes:
Is a landlord who accepts rent from a cannabis dispensary tenant entitled to bankruptcy relief in a federal forum? In In re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018), the Bankruptcy Appellate Panel for the Ninth Circuit answered: maybe, maybe not, but either way, the bankruptcy court must
Florida 2018 Legislative Session Comes to a Close With Tweaks to Medical Marijuana Laws and Budget
As Florida’s 2018 legislative session comes to a close, its time to review legislative changes to Florida’s medical marijuana laws.
First, Florida’s Senate passed HB 6049, This bill removes the requirement that the Florida medical marijuana license (Florida has a vertical licensing system) reserved for a Black farmer must go to a Black farmer
Healthcare Facility Policies in the Age of Medical Marijuana
Richard L. Holzworth writes:
Despite Pennsylvania’s medical marijuana industry being in its infancy, more than 17,000 patients have registered for the program, and more than 4,000 already have received their medical marijuana card from the Department of Health. Now that cannabis products have burst