December – 2017 | Cannabis Law Journal

Editorial: Cannabis Law Journal Issue 7 1 December 2017

Welcome to the 7th issue of the Cannabis Law Journal featuring articles written by attorneys at the coalface of cannabis & hemp in North America.

USA: Cannabis: Patenting Opportunities in an Emerging U.S. Market

Patents are an important tool for businesses to secure a competitive advantage, particularly for companies in an emerging industry such as the cannabis industry. Contrary to popular belief, cannabis and cannabis-related inventions are not only are patentable, but the number of patents and applications being filed in this area is growing steadily.

Oregon could learn from other states with employee protections for off-work medical marijuana use

Oregon was one of the first states to decriminalize marijuana, legalize medical marijuana, and legalize recreational marijuana use. Despite Oregon’s forward thinking on cannabis, employers are still allowed to discharge employees for off-work use of marijuana—including medical marijuana. Oregon’s Medical Marijuana Act does not require employers to accommodate the medical use of marijuana in the work place.1 In 2010, the Oregon Supreme Court determined employers are not required to accommodate employee’s use of medical marijuana and can rightfully discharge an employee for off-work use.

USA: Seeing the Bigger Picture

Authored By Attorneys for Freedom, law firm of Marc J. Victor Arizona Freedom Summit I can’t say with certainty what our founding fathers would think about the United States leading the world in incarceration rates, serving as the world’s police force, or...

Canada’s Proposed Approach to the Regulation of Cannabis

The Canadian government released their Proposed Approach to the Regulation of Cannabis1 – the purpose of releasing the cannabis regulations was to solicit public input and their views to help shape the final version of the regulations. Those wishing to provide their feedback have until January 20, 2018 to do so, either online or through mail.2 In order for the Canadian government to meet its self-imposed July 2018 deadline the final version of the released regulations will need to be published in the Canada Gazette, Part II, as soon as possible after the Cannabis Act receives Royal Assent.3

Washington: Vertical Integration: What It is and Why It Matters to Cannabis

Authored By: Anne van Leynseele Anne van Leynseele is the consummate corporate cannabis lawyer. She views legal issues through a commercial lens and becomes a trusted legal and business advisor to her clients. Her experience includes serving for four years as a...

Legalized Recreational Marijuana Soon in the Garden State?

On November 7, 2017, Democrat Phil Murphy was elected Governor of New Jersey. While campaigning, Murphy’s platform included “[legalizing] marijuana so police can focus resources on violent crime.” Indeed, in his victory speech, he pledged his support for legalization of recreational marijuana use, citing both economic and social justice reasons. Murphy has called attention to the frequency and cost of Marijuana arrests in New Jersey, and the 3:1 racial disparity in such arrests. In addition, he has incorporated an estimated tax revenue from the sale of marijuana into his fiscal proposals.

Washington’s Business Friendly Bud Laws

Changes the Washington state Legislature recently made to state cannabis laws could have positive impacts on the market in years to come. With the cannabis market steadily increasing across the globe, this seems as an attempt by Washington to ensure they are one of the top competitors in the world market.

Pennsylvania: Medical Marijuana: Mandated Marijuana Research in the Commonwealth

Pennsylvania’s medical marijuana program contains a unique focus on research and monitoring. Chapter 19 of the Medical Marijuana Act (MMA) requires the establishment of a research program “to study the impact of medical marijuana on the treatment and symptom management of serious medical conditions.

USA: Proposed Amendment Would Fix Marijuana Tax Treatment

Authored By: Rod Kight http://kightlaw.com/about-us/meet-rod-kight/ 12-1–2017 As Republicans face a looming deadline to pass a tax bill (Bill) that has been roundly condemned, it appears that at least one bit of common sense may find its way into law. Senator Cory...