DEA Court Ordered to Address Silence on Marijuana Research Applications

In 2016, the Drug Enforcement Administration (DEA) announced that it would be adopting a new policy designed to increase the number of entities that could manufacture marijuana for the use in federally approved research. However, despite receiving at least two dozen applications to grow research marijuana since that announcement, to date the University of Mississippi still holds the only license to manufacture marijuana for research in the United States. Although, that may finally be about to change. Last month, the Scottsdale Research Institute, LLC (SRI)…
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New York City Enacts Law Prohibiting Pre-Employment Testing for Marijuana Use

New York City is not shy about enacting laws governing the workplace. One of NYC’s newest employment related laws will prohibit employers from requiring job applicants, as a condition of employment, to submit to a test for the presence of tetrahydrocannabinols (THC) or marijuana. The law (Intro 1445-A) becomes effective May 10, 2020. The law carves out exceptions including, but not limited to, applicants for work:
  1. As a police officer, peace officer, position in law enforcement or an investigative function
  2. In positions requiring individuals who

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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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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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Shifting Regulatory Landscape for Off-Label Promotion Continues

On Wednesday, July 12, 2017, the Health Subcommittee of the Energy and Commerce Committee held a hearing to discuss proposed legislation that would impact the regulation of off-label use and promotion for drug products. There were representatives from all facets of the industry discussing the potential impact of decreasing regulation of off-label use of drugs and how it could affect patients, the public, manufacturers, and the economy. The FDA last solicited public comment on the issue of off-label use over six years ago, and the…
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Will the Statute of Limitations on Medical Malpractice Actions in New York Be Extended?

For decades, section 214-a of the New York Civil Practice Law & Rules set forth the statute of limitations for medical malpractice actions. Under current law, the statute of limitations for a medical malpractice action expires two and half years after the date of the alleged malpractice. New York is one of only a handful of states without a date of discovery law regarding medical malpractice actions. A date of discovery law tolls the statute of limitations for a medical malpractice claim until the injury…
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Introduction of CARERS Act Next Step Forward in Medical Marijuana Field

On June 15, 2017, the Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2017 was re-introduced in the U.S. Senate. It was introduced by Senators Kirsten Gillibrand (New York), Cory Booker (New Jersey), Al Franken (Minnesota), and Rand Paul (Kentucky). It was additionally supported by Republican Senators Lisa Murkowski (Alaska) and Senator Mike Lee (Utah). It was previously introduced in March 2015. The CARERS Act is intended to safeguard patients in states with medical cannabis programs and to expand research opportunities. It would…
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