Author Archives: Adam R. Dolan

Medical Cannabis and the Potential for Criminal Charges

This past Monday, February 4, 2019, a medical cannabis patient in Utah plead guilty to a Class B misdemeanor for possession of a controlled substance. The patient had a quantity of CBD oil in his trunk. He used that oil as medicine to treat epilepsy. However, the patient purchased the oil in Oregon and it contained small amounts of THC, though not an intoxicating amount. Oregon allows its CBD oil to contain small amounts of THC. Utah does not allow the presence of THC in…

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Crossing (State) Lines

Since 2014, New York has made medical cannabis available to individuals suffering from a variety of conditions under the Compassionate Care Act.  However, in order to obtain medical cannabis, a patient must be certified by a medical professional licensed in New York.  Now, two states have decided that open lines of communication (and sales) should be allowed.  On January 2, 2019, the Arkansas Department of Health announced it planned on issuing registry identification cards by February, following a meeting by the Medical Marijuana Commission where…

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A New York State of Mind (on Cannabis)

Since 2014, New York has made medical cannabis available to individuals suffering from a variety of conditions under the Compassionate Care Act.  If recent news articles are to be believed, New York State is looking to legalize adult use cannabis early in 2019.  New York would then join the ranks of other states legalizing adult use such as Colorado, Massachusetts and California in allowing adults over the age of 21 to purchase and use cannabis. It will be interesting to see what the final adult…

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Employer/Employee Relationships Under Medical Marijuana Laws

I’ve recently been on a kick writing about Missouri’s recent passage of State Constitutional Amendment Two legalizing the use of medical marijuana within the state. Past posts discussed some of the specifics of the law and some of the problems that may develop when Missouri, like other states, has problems with conflicting federal laws (Second Amendment and gun ownership). Continuing on my Missouri kick as they are one of the more recent states to legalize medical marijuana, I thought we’d next address another thorny topic…

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Medical Marijuana and Guns (Still) Don’t Mix…For Now

A few weeks back, we discussed the issues Maryland faced now that it legalized medical marijuana – specifically, gun ownership.  As most of you know by now, federal law bars federal firearm licensee’s from selling firearms to persons who utilize medical marijuana.  Under the Federal Gun Control Act, 18 U.S.C. 922(d)(3), it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is an unlawful user of…

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Will Missouri Become the Next State to Legalize Medical Marijuana – Part II

On November 6th, 2018, Missouri voters will decide whether or not the use of medical marijuana to treat approved conditions becomes legal. There are three marijuana initiatives on the ballot – Constitutional Amendment Two, Constitutional Amendment Three and Proposition “C”. A vote for “Yes” on any of the three ballot initiatives would legalize medical marijuana. Each initiative has differences and we previously discussed Amendment Two in our last post. Today we focus on Amendment Three. Amendment Three proposes to

  • legalize marijuana for medical

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Will Missouri Become the Next State to Legalize Medical Marijuana

On November 6th, Missouri voters will decide whether or not the use of medical marijuana to treat approved conditions becomes legal. There are three marijuana initiatives on the ballot – Constitutional Amendment Two, Constitutional Amendment Three and Proposition “C”. A vote for “yes” on any of the three ballot initiatives would legalize medical marijuana. Each initiative has differences and over the coming days we’ll break down each of them. We start with Proposed Constitutional Amendment Two. Amendment Two proposes to:

  • legalize marijuana for

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Medical Marijuana and Guns Don’t Mix in Maryland

When Maryland legalized medical marijuana, individuals suffering from a variety of medical problems gained access to a drug that can provide relief to them without many of the problems posed by more addictive opioids. However, now the state government has informed Maryland residents that if you are legally using medical marijuana to treat a condition, you can no longer own a gun. There have been efforts introduced to allow Maryland residents who are legally allowed to use medical marijuana to possess firearms, but to date…

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U.S. Federal Government Continues to Potentially Prevent Entry of Canadian Citizens

A few posts back, we discussed the ongoing tension between the United States Federal Government and Canada regarding Canadian citizens entering the United States if they were somehow connected to the cannabis industry.  On October 9, 2018, the U.S. Department of Homeland Security, through the U.S. Customs and Border Protection, released a statement updating their earlier stance regarding the entry of Canadian citizens connected to the cannabis industry. At first blush, it seems a normal press release – drug addicts and convicted felons are barred…

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Noffsinger v. SSC Niantic Operating Company, LLC Update

For the last year or so, healthcare worker Katelin Noffsinger has been proceeding forward with a case against a former potential employer regarding her use of medical marijuana to deal with the effects of a car accident. As many know, Ms. Noffsinger informed her potential employer of this use ahead of a company mandated drug test. When a drug test came back positive, the nursing home rescinded her job offer anyway. As a result, Ms. Noffsinger brought an employment discrimination suit against SSC Niantic Operating…

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