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What The Lawyers Say

1,101 posts by 291 firms and lawyers

Cannabis law explained by the lawyers who practise it: analysis and commentary from law firms around the world, with the Cannabis Law Journal.

14 posts

Harris Sliwoski

Federal Appeals Court Rejects Preferences for In-State Cannabis Applicants

A federal appellate court has ruled that a New York cannabis licensing rule favoring in-state residents is unconstitutional, because it discriminates against applicants residing out-of-state. We have been tracking this case for…

Troutman Pepper Locke

First Circuit Greenlights Federal Prosecution of Maine Couple in Cannabis Case

S. Court of Appeals for the First Circuit affirmed the district court’s decision to deny a motion filed by Lucas and Alisa Sirois, a Maine couple accused of operating an illegal marijuana cultivation and distribution network, to…

Cozen O’Connor

Minnesota Adult-Use Cannabis Bill Emerges from Reconciliation

On April 25, 2023, the Minnesota House passed House File 100 (HF100), a bill authorizing adult-use cannabis, by a vote of 71-59. Three days later, the Minnesota Senate passed Senate File 73 (SF73), a companion bill to HF100, on a…

Harris Beach Murtha Cullina

Is Interstate Commerce Coming For The Cannabis Industry?

Harris Beach PLLC On December 29, 2022, over 18 months after cannabis became legal to sell in New York State, the first retail dispensary is scheduled to open. This begs the question – should it have taken this long?

Butler Snow

Half-Baked: An Overview of Current Cannabinoid Laws & Regulations

Over 50 years ago President Nixon declared a “War on Drugs,” leaving housewives over the country proclaiming marijuana[1] to be the devil’s lettuce and urging sweet Billy to steer clear of the gateway drug.

Troutman Pepper Locke

Cannabis Residency Rules Toppling? First Circuit Is the First Domino to Fall

Certain states where cannabis (or marijuana) is legal have long been getting away with a practice that has been declared unconstitutional in almost all other contexts: giving their residents preferential treatment over…

Gregory Hearing, GrayRobinson

Know your rights as an employer in terms of legal marijuana use

While a hotel industry employer may not agree with legalized cannabis use, it must become familiar with medical and recreational marijuana laws in the states in which the company operates in order to avoid litigation.

Husch Blackwell

First Circuit Says Dormant Commerce Clause Applies To Medical Marijuana

A split First Circuit panel affirmed yesterday that the US Constitution’s dormant commerce clause applies to the federally illegal medical marijuana industry and that a Maine law mandating local ownership of cannabis businesses…

Foley & Lardner

Medical Marijuana, Workers’ Compensation, and the CSA: Hazy Outlook for Employers As States Wrestle With Cannabis Reimbursement as a Reasonable Medical Expense

While that is good news for patients seeking treatment for issues like chronic pain, medical cannabis laws can cause a major headache for employers. The federal law known as the Controlled Substances Act (CSA) classifies cannabis…

Collateral Base

Social Equity Licensing in Cannabis & the Dormant Commerce Clause

com/in/thomas-howard-attorney/ The dormant Commerce Clausse of the Constitution prevents states from discriminating against out-of-state actors in interstate commerce. The dormant term refers to its negative implication rather…

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