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Recent California legislation allows employers to enforce policies prohibiting cannabis use by employees – even if consumption occurs outside of work and does not impair performance. However, cannabis businesses must be careful when drafting such policies. READ MORE
In one of the most significant milestones in the history of marijuana legislation, Los Angeles’ City Council recently released its proposed regulations governing commercial cannabis activity in the city. Simultaneously, the Department of City Planning released a draft ordinance proposing land use and sensitive use requirements for commercial cannabis activity in Los Angeles. READ MORE
While an Alternative Public Offering structure may offer some benefits to potential cannabis companies or their potential investors, the structures have reputational and other issues that need to be considered. READ MORE
On June 12, 2017, a letter written by Attorney General Jeff Sessions was released detailing his opposition to the extension of the Rohrabacher-Farr Amendment. What does this mean for the industry? READ MORE
Congress provided a sense of protection from DOJ enforcement to the medical cannabis industry through an updated version of the Rohrabacher-Farr Amendment. But the industry is still trying to interpret statements from the President and Attorney General that don’t provide any clearer picture about whether the federal government will leave the regulation of cannabis, at least medical cannabis, to the states. READ MORE
In a case of first impression in Arizona, the Court of Appeals in Green Cross Medical, Inc. v. Gally (April 18, 2017) held that a lease to operate a medical marijuana dispensary was not void from its inception, either under Arizona law or the federal Controlled Substances Act. READ MORE
More and more cities in California are allowing the once-banned delivery of medical marijuana directly to consumers. Learn about the latest developments statewide, including in Los Angeles. READ MORE
The DEA has applied a stricter scheduling classification to a new cannabis-containing drug than a similar drug already on the market. What can be read into this decision and how will it affect the future development of cannabis pharmaceuticals? READ MORE
U.S. Attorney General Jeff Sessions continues to tune his stance on legalized medical and recreational marijuana in public comments. His latest proclamation in mid-March gives hope to the industry on medical use while leaving recreational use susceptible to a crackdown. READ MORE
Early signs of the Trump administration's stance on legalized cannabis indicates that recreational cannabis might be in the crosshairs. Companies engaged in both medical and recreational cannabis need to move swiftly to insulate medical cannabis business assets from their recreational businesses. READ MORE
Facing many hurdles to financing because of current federal law, cannabis businesses have turned to REITs to provide an influx of capital through sale leaseback transactions. READ MORE
Until further guidance comes from the FDA, the cannabis industry should tread carefully in the production and marketing of cannabis-containing animal supplements. Supplement makers should take care to avoid drug-like claims for their products and adhere to strict food safety regulations in the manufacturing process. READ MORE
On Nov. 8, 2016, voters in eight more states approved legal marijuana use for either medicinal or recreational purposes. As legal cannabis becomes more readily available to Americans, it highlights an increasingly strained divide between state and federal regulation. READ MORE
Although the DEA announced last week that it would not reschedule cannabis, the decision did come with promising news of enhanced research opportunities that could bolster the cannabis industry's long-term growth. READ MORE
Diane Romza-Kutz, Carl Rowley, and Susan Werstak of Thompson Coburn’s cannabis practice attended the 2016 Cannabis Business Summit hosted by the National Cannabis Industry Association in Oakland, Calif., in late June. READ MORE
Session topics will address the current medical cannabis program in Illinois and provide updates on national and local industry developments. READ MORE
The Centers for Disease Control and Prevention have published a new guideline for prescribing opioid pain medication by primary care clinicians for chronic pain in outpatient settings for other than active cancer treatment, palliative care, and end-of-life care. READ MORE
A new study by Australian researchers published in the journal Psychological Medicine examined the narrower issue of whether frequency of cannabis use was associated with rates of metabolic syndrome among study participants, all of whom had been diagnosed with psychotic illness. READ MORE
Since California’s failure to legalize the recreational use of cannabis under Proposition 19 in 2010, Colorado, Washington, Oregon and Alaska have passed laws legalizing the recreational use of the drug and an additional nine states have legalized the use of cannabis for medical purposes. READ MORE
In a recent study that has been accepted for publication in The Clinical Journal of Pain, researchers assessed the long-term effect of medical cannabis treatment on pain and other outcomes (including sleep problems) in people suffering from chronic pain that was resistant to other treatments (including opioid consumption). READ MORE
With the extension of the Rohrabacher-Farr amendment, the right of the states to determine their own laws for medical marijuana use enjoys a shield from federal intervention… at least through Sept. 30, 2016. READ MORE
The Marin Alliance for Medical Marijuana (MAMM), one of California’s oldest lawful marijuana dispensaries, won a major victory against the U.S. Department of Justice (DOJ) in October. READ MORE
One overarching concern among all participants at the Conference was that of legal compliance. Every business at the convention has to worry about IRS concerns related to claiming business expenses, the paucity of banks willing to deal with the cannabis industry and accept cannabis-related funds, and the inability to work with credit cards. READ MORE
As the various state agencies look to draft rules and the timeline for implementation, we review the highlights of the new laws. READ MORE
In the words of Niels Bohr, “prediction is very difficult, especially about the future,” and prediction in the cannabis industry is made especially difficult due to certain unique issues facing cannabis businesses. READ MORE
What’s an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or possession affect termination, disability and drug testing issues? READ MORE
As the legal cannabis market grows, so will the number of product liability lawsuits against the industry, including cases based upon a failure to warn of real or imagined risks, such as those alleged in the LivWell complaint. Later installments in this series will address the potential scope and bases of cannabis industry liability under failure to warn theories. READ MORE
California Gov. Jerry Brown signed a group of medical marijuana laws on Oct. 9 that will have a widespread effect on how the entire industry is regulated in the state. The governor approved AB266, along with AB243 and SB643. READ MORE
As more states enact laws legalizing the sale of medical and recreational marijuana, cannabis businesses may start to question whether they could be held liable if customers cause injury or harm to others while using their products. A good reference for the cannabis industry is the dram shop laws that affect purveyors of alcohol. READ MORE
Brand loyalty builds businesses. That’s why most businesses need successful brands, and, ideally, brands backed by a federal trademark registration. But because of the federal laws affecting marijuana and related products, marijuana growers and distributers don’t have access to the same avenues of brand protection. READ MORE
In every state where it is legal, the marijuana industry remains almost entirely a cash business. Consequently, legitimate marijuana businesses are left without the financial resources and protection that banks provide. READ MORE
California lawmakers and law enforcement groups are eager to compromise over issues that have prevented comprehensive statewide regulation of the industry for the last two decades. READ MORE
Illinois’ “Compassionate Use of Medical Cannabis Pilot Program Act” (the “CUMCPPA”) creates an entire regime of laws, regulations and procedures by which individuals and companies are building medical cannabis growing facilities and dispensaries. READ MORE
Some state legislation allows for cannabis-based “edible” products such as cannabis-containing cookies or brownies. Many of these new state laws actually refer to these edible products as food, including Illinois. READ MORE
Welcome to Tracking Cannabis, Thompson Coburn’s newly launched cannabis blog. Our interdisciplinary cannabis practice group will use this blog to provide updates and insights on the latest developments in the cannabis industry. READ MORE
Overall, industry experts are predicting that the size of the national market for legalized cannabis will exceed the November 2010 predictions of Harvard economist (and Cato Institute affiliate) Jeffrey Miron, who previously put the size of the marijuana market at $14 billion. READ MORE
Cannabis industry hopefuls in Illinois are poised to begin the application process after the three state agencies administering Illinois’ medical marijuana law released long-awaited metrics on Aug. 8. READ MORE
Thompson Coburn advises clients on state laws governing the business of cannabis to facilitate compliance with those state laws. Federal laws concerning cannabis currently conflict with state laws in states that have legalized cannabis or possession of cannabis. Although federal enforcement policy may at times defer to these states’ laws and not enforce conflicting federal laws, interested businesses and individuals should be aware that compliance with state law in no way assures compliance with federal law, and there is a risk that conflicting federal laws may be enforced in the future. In addition to this Cannabis-specific note, readers should review Thompson Coburn’s Conditions of Use / Disclaimers page containing other important information.
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