December 2020
Sheppard, Mullin, Richter & Hampton LLP: USA – The National Labor Relations Act Is Like To Preempt State & Local Cannabis Laws Requiring Employers To Enter Into & Abide By Labor Peace Agreements As A Condition Of Doing Cannabis Business
Though having no connection to employee representation or labor management relations, labor unions, and especially the United Food and Commercial Workers Union, have politically aligned themselves with pro-marijuana measures and stumped for their enactment. Unions are doing this because they identify nascent marijuana business as a fertile new source of members and new revenues to bolster Labor’s dwindling membership rolls and flagging financial resources.
Chukwuka Onyeaku: The Legal Landscape of Cannabis/Indian Hemp in Nigeria: An Inquiry and Comparative Lessons from other Jurisdictions
To do this, the paper is divided into five sections. Section one is the introduction. Section 2 examines legal frameworks and policies on cannabis in Nigeria. Section 3 discusses legalizing the use of cannabis/ Indian hemp in Nigeria. Section four discusses legal framework of cannabis in other jurisdictions. Section 5 concludes the paper with recommendations.
Gray Robinson: USA – Election Day 2020 Is A Big Win For Cannabis, Every State Initiative On Marijuana Passes
While most Americans focused on the Presidential race, election day also produced newsworthy developments in the regulation of cannabis and other controlled substances. Every single drug policy reform measure that was on the ballot in states across America passed.
Sheppard Mullin: Green Wave – The Latest Election Cycle Brings Hope for Standardized Cannabis Legalization
Even two weeks after Election Day, jurisdictions nationwide are riding high after a number of positive wins related to the possible systemic legalization of cannabis use nationwide. As of November 3, 2020, the pendulum now undeniably swings in favor of cannabis, with medical cannabis legal in 33 states and recreational adult-use permitted in 12 states and Washington D.C.
Susan Burns: Patchwork of State Privacy Rules Could Affect Hemp Producers
Last May Minnesota’s governor approved the state’s omnibus agriculture policy bill, which identifies “certain data about industrial hemp grower or processing applicants and licensees as private or nonpublic.” The bill (HF 4285) also requires the Minnesota Department of Agriculture (MDA) to securely maintain data on license applicants and to keep records about who requests information about hemp licensees.
Susan Burns: Marijuana Legalization In Mexico – Update November 27 2020
Legalization of marijuana has been front and center on the Mexican legislative agenda since 2018. At that time, the Supreme Court ruled that laws prohibiting personal adult use of marijuana were unconstitutional. The court held that the two individuals who filed cases should be allowed to use cannabis for recreational purposes.
King & Spalding: France – Trial Period for Medical Use of Cannabis-Based Products
France is finally moving forward on the medical use of cannabis. At the end of 2019, Law No. 2019-1446 indicated that French law would allow for a trial for medical use of cannabis-based products. The decree and implementing ministerial order [arrêté] establishing the parameters of the trial were released last week.
Australia: University of NSW Law Journal – A Precarious High – Cannabis Decriminalisation, Authorisation and Federalism
On 31 January 2020, the cultivation and possession of small amounts of cannabis became legal under the law of the Australian Capital Territory (‘ACT’) with the coming into effect of the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019 (ACT). This appeared to be a significant milestone in Australia’s regulation of personal drug use.
Husch Blackwell: USA – Employers Should Understand Their Rights as More States Legalize Marijuana
As we reported in our recent commentary, voters in five states in the 2020 general election passed initiatives to legalize marijuana usage. As the success of these ballot initiatives suggest, despite marijuana’s classification as an illegal Schedule 1 drug under the Controlled Substance Act, a growing number of states have legalized some form of marijuana usage. Employers, though, can adopt human resource policies and processes that establish drug policies appropriate for their workplace while staying compliant with the changing state marijuana laws.
Universita Di Parma: Italy Paper – Legalization of Cannabis: Problem Profiles and Criminal Policy Solutions in the World.
addressing the issue of drug trafficking and the illegal drug market, we intend to demonstrate, through the illustration of empirical data, the failure of the prohibitionist approach. Finally, through an examination of the most important reforms on the subject that have been adopted to date in the world (mainly in the United States)
Ballard Spahr: The State of Cannabis Affairs – New Legislation and a Regulatory Recap
On November 3rd, voters in Arizona, New Jersey, South Dakota, Montana, and Mississippi passed ballot measures to bring legal cannabis to each of their states. It’s not every year that we see states from opposite ends of the political spectrum agree on something with such vigor. In fact, loosening the laws surrounding cannabis—be it medical use, recreational use, or farming of hemp products—has consistently been one of the only areas receiving bipartisan support in a country divided on almost everything else.
Green Light Law Group: Does the Fifth Amendment Apply in OLCC Marijuana Compliance Investigations? Parts 1 & 2
Last year, in a presentation to a gathering of Oregon cannabis lawyers, representatives from the Oregon Liquor Control Commission (“OLCC”) and the Oregon Department of Justice (“DOJ”) took the position that there are “No 5th Amendment rights in the regulatory realm,” that “What you don’t say COULD be held against you,” and that “Remaining silent = non-cooperation.”
McMillan: Canada: Cannabis and Waste: Another “Green” Opportunity
While the rapid growth of the cannabis industry in Canada has created new and exciting opportunities, this breakneck pace raises questions regarding the management of cannabis-related waste.
AJ Park Law Firm New Zealand: It’s high time we protected our cannabis trademarks
From 1 April 2020, New Zealand’s medicinal cannabis scheme was launched. New Zealand now allows specifically licensed doctors to prescribe cannabinoid products to patients. Coupled with these prescriptions, manufacturers can legally produce the medication locally—in theory at least. The Medicinal Cannabis Agency, doctors and manufacturers are still working through minimum quality requirements, licensing, import and export.
Hoban Law: New Jersey Can Cause an Eastern States Domino-Effect For Adult Legalization
In addition to the direction the US will take with the presidential election, legislators both federally and state level will also shift the balance of rulemaking. Once federal legislators are in place, potential federal laws relating to cannabis may move towards passing banking and other industry friendlier laws. On the state side, tagging along for the election ride, are five states voting on referendums as to whether they will adopt new marijuana-related laws.
Cannabis Law Journal
November 2020