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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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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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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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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Medical Cannabis for Veterans? We May be Closer Than You Think

Under current law, Department of Veterans Affairs physicians are not permitted to recommend the use of medical cannabis to veterans, even within the 31 states that have passed regulations allowing its use. However, two senators have just filed legislation seeking to change this stance. On September 5, 2018, Senators Bill Nelson (D-FL) and Brian Schatz (D-HI) filed legislation that would legalize medical cannabis use for military veterans and allow physicians employed by the federal government assist the veterans in obtaining the drug. The bill, titled…
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Potential Approval by the FDA of New Cannabis-Based Drug Used to Treat Rare Forms of Epilepsy

Despite continued animosity by U.S. Department of Justice regarding marijuana and marijuana-based products moving forward, at least one branch of the federal government has decided that the time is now right to at least consider the efficacy of certain medications that have their basis in cannabis. U.K. company GW Pharmaceuticals Plc, has created a drug to treat seizures associated with two types of epilepsy that typically affect children and recently provided “substantial evidence” of the drug’s effectiveness to the Food and Drug Administration (FDA). The…
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