Edible Cannabis: Coming to a Dispensary Near You in Florida

Medical marijuana continues its eventful 2019 in the Sunshine State. Mere weeks after Governor Ron DeSantis signed a bill ending Florida’s ban on smokable medical marijuana, the Florida Legislature pushed back on the industry. A February house bill that sought to legalize recreational cannabis died without a hearing or a vote, the House Appropriations Committee rejected an amendment that would have allowed medical marijuana to treat opioid addiction, and, despite the lack of public support, the Legislature proposed a bill that would place caps on…
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From One to Five: A “Snapshot” Look at the Breakthrough in the Scheduling System for Cannabis Based Medication

Medical use? Recreational Use? Federal vs. State? These are many of the common questions and concerns your average patient has with respect to cannabis today and the answer isn’t quite as clear as we would like it to be; however, there is a linguistic trend steering towards the term “medicated” to replace, the pejorative, “high” for cannabis users seeking medical relief. Notwithstanding, this re-branding and imaging of cannabis, the basis for much of this confusion is the Controlled Substances Act. As a refresher, cannabis is…
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A Potential Rise in Toxic Tort Litigation: Pesticide Use on Cannabis

As more states enact medicinal and adult recreational cannabis laws each year, we are likely to see growing litigation in the toxic torts arena. Health officials have warned about the potential hazards to consumers’ health from cannabis that has been treated with chemical pesticides. The risks may vary depending on how the product is consumed, whether eaten, smoked, vaped, or dermally applied. So far, given the federal ban on marijuana, there are no pesticide products that have been approved on the federal level specific to…
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Cannabis Advocates Grow Hopeful as Congressional Committee Approves Marijuana Banking Bill

In a vote that congressional advocates hope could pave the way towards federal legalization of marijuana by the end of 2019, the House Financial Services Committee recently voted to advance a bill that would prevent federal banking regulators from punishing financial institutions for working with marijuana businesses that operate legally under state, local, or tribal law. In a rare bipartisan committee vote, passage of this legislation by the full House would allow marijuana businesses more access to banks and lenders and permit them to store…
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I’m Back in a New York State of Mind

In a shocking bit of news, on Monday, March 25, 2019, New Jersey lawmakers called off a vote to legalize adult use cannabis. The news was particularly shocking given that New Jersey Governor Phil Murphy ran on a platform that partly emphasized the need and desire to legalize adult use cannabis. So what now? Specifically, what now for New York? If this decision is any indication, New York must get their proposed legislation correct. New York will need to decide if it sticks with six…
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Federal Court in New Jersey Rules on Reasonable Accommodation of Medical Marijuana

Many employers have longstanding zero tolerance drug use policies. With the growing number of states passing laws that decriminalize medical and/or recreational marijuana use, the application of these policies become murky. In the realm of medical marijuana, there is a growing body of case law interpreting whether or not employers must make reasonable accommodations for employees that a hold a valid medical marijuana certification. A federal court in New Jersey recently ruled on a case that involved a forklift operator who was injured at work…
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FDA’s Opinion: CBD You in April…Maybe.

On Wednesday, February 27, 2019, FDA Commissioner Scott Gottlieb, MD, testified before Congress. He testified that the agency planned a public meeting in April to begin a rule making procedure on CBD. The goal is to create “an appropriately efficient and predictable regulatory framework for regulating CBD products,” he said. This is good news for those in the hemp and cannabis market. Unfortunately, the statement also means that CBD infused products are still illegal in the U.S. Dr. Gottlieb’s testimony is further evidence of the…
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Florida Seeks to End Ban on Smoking Medical Marijuana

On Tuesday, February 12, 2019, the Florida House’s Health and Human Services Committee considered a new bill that would allow medical marijuana patients to receive their prescription in smokable form.  The Committee voted in favor of the bill, with only two votes in opposition, and it will now head to the appropriations committee as it moves closer to a vote. After Florida voted to legalize medical marijuana in 2016, then Governor Rick Scott signed the bill into law while putting into place a ban on…
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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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