MASSACHUSETTS CANNABIS UPDATE: STATE IMPOSES STRICT ENERGY LIMITS ON MARIJUANA CULTIVATORS

MASSACHUSETTS CANNABIS UPDATE: STATE IMPOSES STRICT ENERGY LIMITS ON MARIJUANA CULTIVATORS

Areas which have legalized cannabis cultivation have seen corresponding increases in energy use: In Colorado, cannabis grow facilities used 200 million kilowatt hours of electricity in 2014, with cannabis cultivation accounting for almost half of Denver’s yearly increase in energy use. For cities and states planning to legalize cannabis while still limiting their use of electricity, regulating the power used by cannabis cultivation is a must.

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USA: FDA and CBD – Brownson Norby

USA: FDA and CBD – Brownson Norby

Earlier this month, on April 9, 2018, FDA published a notice requesting comments from the public on the scheduling of cannabis-related substances (“Cannabis Plant and Resin; Extracts and Tinctures of Cannabis; Delta-9-Tetrahydrocannabinol; Stereoisomers of Tetrahydrocannabinol; Cannabidiol”). See here: FDA Request for Comments.

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The McConnell Hemp Bill and Federal Preemption

The McConnell Hemp Bill and Federal Preemption

The most notable thing about The Hemp Farming Act of 2018, S. 2667, introduced by Senator McConnell on April 12, 2018 (Hemp Bill), is that it will make hemp lawful throughout the country at both the federal and state levels. This is huge. When advising my clients about industrial hemp we invariably discuss the difficult issue of which states they should avoid. The Hemp Bill fixes that problem.

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Ninth Circuit Hears Medical Cannabis Case

Ninth Circuit Hears Medical Cannabis Case

Just last week, on March 29th, a three-judge panel for the Ninth Circuit Court of Appeals held a special setting at the University of Idaho College of Law. Judges Richard Tallman, N. Randy Smith, and Morgan Christen considered the case of Michael Assenberg v. Whitman County 

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WA: 2018 Washington State Comfort Legislation for the Financial Industry and Accountants Dealing With Licensed Marijuana Businesses

WA: 2018 Washington State Comfort Legislation for the Financial Industry and Accountants Dealing With Licensed Marijuana Businesses

On June 7, 2018, a supermajority of the Washington Legislature blessed financial institutions and accountants providing services for the licensed marijuana industry.The new law is comfort legislation for a special class in Washington. It is also a protest against impressions about the threat of federal prosecution. But what comfort is the legislation for persons falling outside the protected group?

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Semantics Matter in the Law: : An Analysis of the FDA Notice Regarding Cannabinoids

Semantics Matter in the Law: : An Analysis of the FDA Notice Regarding Cannabinoids

Rather than focus this article on the particulars of the FDA request for comments on cannabinoids under docket FDA-2018-N-1072, I am going to use the FDA notice as a vehicle for discussing the use of tricky semantics by the FDA and DEA, which I posit is both intentional and effective in its current war on cannabinoids. This is the sentence on which I’m going to focus:

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Pennsylvania: Medical Marijuana: Turning Over on Leaf

Pennsylvania: Medical Marijuana: Turning Over on Leaf

In early April, Pennsylvania’s Medical Marijuana Advisory Board (Board) delivered a report to the Department of Health (DOH) recommending changes to the medical marijuana program. Among the proposed reforms – recognizing additional medical conditions as cannabis-treatable (neurodegenerative diseases, dyskinetic and spastic movement disorders, opioid addiction treatment and terminal illness), allowing physicians to opt out of DOH’s public registry, and allowing licensed dispensaries to sell cannabis in dry leaf and flower form.

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Oregon: Josephine County Sues State of Oregon Over Marijuana Laws

Oregon: Josephine County Sues State of Oregon Over Marijuana Laws

Josephine County responded aggressively to a recent adverse decision by the Oregon Land Use Board of Appeals (LUBA), bringing suit against the State of Oregon to invalidate the state’s marijuana laws…The county’s preemption arguments could have broad impact, implicating both recreational and marijuana legalization schemes throughout the nation.

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Andrew Sacks: Cannabis Dispensary 1000 Foot Rule In Pennsylvania

Andrew Sacks: Cannabis Dispensary 1000 Foot Rule In Pennsylvania

There are hundreds of day-care centers just in Philadelphia. The “thousand-foot rule” means that there are almost no potential dispensary locations in the city, and that patients must travel to the suburbs, or to the far corners of Philadelphia, to purchase their medical marijuana. This hardship will be felt most by the old and the needy.

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Interpreting Arkansas’ Medical Marijuana Statute: An Uncertain Landscape for Employees and Employers Alike

Interpreting Arkansas’ Medical Marijuana Statute: An Uncertain Landscape for Employees and Employers Alike

On January 4, 2018, the United States Attorney General, Jeff Sessions, sent the marijuana industry into a panic. In a memorandum addressed to all U.S. Attorneys, Mr. Sessions reminded America that marijuana remains illegal under federal law and, in the process, rescinded the “Cole Memorandum,” an Obama-era directive to federal prosecutors to de-prioritize the prosecution of marijuana industry participants in states where it has been legalized.

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“Is Ohio’s Medical Marijuana Program Constitutional ?”

“Is Ohio’s Medical Marijuana Program Constitutional ?”

Historically, minority communities have been targeted by law enforcement during cannabis prohibition and as a result a disproportionate amount of incarcerated cannabis offenders are minorities. The provision it argues is narrowly made and is the least disruptive method for helping minorities achieve representation in the Ohio medical marijuana program.

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