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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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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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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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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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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Cannabis Emerges as the Winner of the Midterm Elections

The biggest winner of the midterm elections may not have been any particular party, but rather the cannabis industry. The outcome largely reflected the continuing shift of public acceptance towards the legalization of cannabis. Once the dust settled, Michigan became the first state in the Midwest to legalize recreational use of cannabis, while Missouri and Utah joined the states that have legalized the plant for medical use. In addition, nearly half of the newly elected governors previously voiced their support for legalization to varying degrees.…
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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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