The Blunt Truth

The Week in Weed: August 26, 2016

Posted in Medical Marijuana, Week in Weed

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

 

Law enforcement officials in Kansas cannot stop and search motorists just for having out-of-state license plates from states that have legalized marijuana, a federal appeals court ruled Tuesday.

 

While much of the nation has turned a blind eye to a modest signature-collecting campaign in Oklahoma working to legalize a statewide medical marijuana program, it was revealed earlier this week that the group behind the proposal has managed to collect gain enough support from the voters to earn a spot on the ballot in the upcoming November election.

 

A group trying to legalize Michigan marijuana for recreational use has failed to persuade a judge to put the question on the fall ballot.

 

Something we missed that everyone needs to know?  Tell us about it in the comments.

Ninth Circuit Limits DOJ Prosecution of Persons Complying with State Marijuana Laws

Posted in Federal - State Law Conflict, General, Medical Marijuana

 

On August 16, in the case of United States v. McIntosh[1], the U.S. Court of Appeals for the 9th Circuit, reversed decisions from the District Court for the Northern District of California denying the appellants’ request for  relief against the Department of Justice (the “DOJ”) in connection with indictments brought against them for violation of the Controlled Substances Act.  The Court held that the appellants had standing to seek relief under a rider to the Consolidated Appropriations Act[2] prohibiting the DOJ from spending funds to prevent states’ implementation of their medical marijuana laws (“§ 542”). Continue Reading

The Week in Weed: August 19

Posted in Federal - State Law Conflict, General, Legalization Efforts, Medical Marijuana, Week in Weed

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

 

The Justice Department can’t interfere with states’ medical pot laws.

Note: we’re preparing a blog post on this topic – keep watching this space!

 

The Ohio Supreme Court signaled Wednesday it might rewrite its ethics rules to permit lawyers in the state to help medical marijuana businesses, a move that would no doubt be welcomed by MMJ entrepreneurs and attorneys.

 

The state has awarded preliminary licenses to more than 20 companies to grow and process marijuana in Maryland, a major step forward in the effort to make medical cannabis available to patients in Maryland.

 

 

Anything we missed that everyone needs to know?  Tell us in the comments.

The Week in Weed: August 12

Posted in General, Legalization Efforts, Medical Marijuana, Week in Weed

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

 

The Drug Enforcement Agency will announce Thursday that marijuana will remain a schedule 1 drug, which declares it has “no medical use or purpose,” according to a U.S. official familiar with the decision.  Note: see our post on this topic here: Are We There Yet? The Wait Between Legalization and Availability of Medical Marijuana.

 

One of the biggest financial institutions in the Tampa Bay area has extended a $100,000 line of credit to a company that hopes to capitalize on Florida’s upcoming medical marijuana industry.

 

Plot twist: Two grower applicants initially placed in the top 15 were bumped to spots 16 and 17, because the top 15 did not include the geographic representation noted in the law.

 

And if you think Mr. Trump and Secretary Clinton are your only two options in November, think again:

KANSAS CITY, Mo. — Chief Wana Dubie’s dream of representing Missouri in the U.S. Senate has gone up in smoke.

DEA Buzzkill: Marijuana Remains Illegal Under Federal Law

Posted in Federal - State Law Conflict, General, Legalization Efforts, Medical Marijuana

Yesterday sparks flew as word was out that the DEA would be making some important announcements relating to the treatment of marijuana as a Schedule 1 substance under the Controlled Substances Act (CSA).

Today, the excitement died down as the DEA issued a 180-page denial (inclusive of attachments; the actual denial is only three pages long) of a petition to initiate rulemaking proceedings to reschedule marijuana, filed by a Mr. Bryan Krumm in December 2009.

Mr. Krumm’s petition requested that marijuana be removed from Schedule I of the CSA claiming that: 1) marijuana has accepted medical use in the U.S.; 2) studies have shown that smoked marijuana has proven safe and effective; 3) marijuana is safe for use under medical supervision; and 4) marijuana does not have the abuse potential for placement in Schedule I.

After gathering all necessary data, DEA involved the Department of Health and Human Services (HHS), which then conducted its own scientific and medical evaluation into Mr. Krumm’s assertions. HHS concluded that marijuana does have a potential for abuse, does not have an accepted medical use in this country, and does not have an acceptable level of safety for use even under the care of a medical professional.  For now, marijuana remains a Schedule I drug under the CSA, and therefore is still illegal under federal law.

Are We There Yet? The Wait Between Legalization and Availability of Medical Marijuana

Posted in Medical Marijuana, States That Have Legalized Medical Marijuana

As we know, many states have now legalized the sale and use of marijuana for medical purposes.  Often, advocates of medical marijuana have worked for many years in order to see their state’s voters or legislature make access to cannabis the law of the land.  This doesn’t mean that patients will be able to purchase marijuana any time soon, however.  The wait can be years.

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The Week in Weed: August 5, 2016

Posted in Week in Weed

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Illinois patients legally purchased $2.9 million worth of medical marijuana products in July. State officials with the medical cannabis pilot program released the figures Wednesday. June sales had been $2.57 million.

 

Could Ohio wean the marijuana industry from its need to do business in cash? Ohio’s new medical marijuana law proposes a “closed-loop” payment processing system.

 

The U.S. Drug Enforcement Administration is still considering whether to reschedule marijuana under the Controlled Substances Act, an agency spokesman said Tuesday.

 

And finally, because nothing says “all-American summer tradition” like a state fair,

In what might be a cannabis marketing first, marijuana plants will be displayed and judged at the Oregon State Fair – just like pumpkins, pigs and onions.

Something we missed?  Let us know in the comments.

PA Residents Keep Their Buzz Going: Pot Law Developments Continue to Spark Interest

Posted in Medical Marijuana, States That Have Legalized Medical Marijuana, Use by Minors

Since Pennsylvania Senate Bill SB3 passed on April 17 (codified as P.L. 84, No. 16, otherwise known as “Act 16”) new issues regarding pot use have sparked.  As discussed in my previous post, the Disciplinary Board of the Supreme Court of Pennsylvania proposed amendments to PA Rule of Professional Conduct 1.2 to contemplate legal advice rendered concerning the legalized use of medical marijuana. Though the comment period ended on June 3, it appears that the Disciplinary Board has not yet adopted the amendments to the rule.  We will provide updated information as it becomes available.
In addition to the proposed changes to PA legal ethics rules, certain other developments have arisen since April.  Perhaps the most exciting update is that medical marijuana patients under the age of 18 now have access to the drug, pursuant to the first temporary regulation published under Act 16.  Pennsylvania Health Secretary Dr. Karen Murphy indicated the legislature’s intent in assisting ailing children through the passage of the law, and as such, patients under the age of 18 are the first in line to reap the benefits of the law.

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The Week in Weed: July 29, 2016

Posted in Federal - State Law Conflict, States That Have Legalized Entirely, Week in Weed

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

There’s a good argument to be made that James Cole has had a bigger impact on the U.S. cannabis industry than any other single individual in modern history.

 

Even though Oregon voters legalized recreational marijuana in 2014, you can’t legally buy the stuff in more than 100 Oregon communities. That’s because some city and county governments have banned recreational marijuana businesses.

 

If signed, Illinois would be the 17th state — and third largest — to treat possession of marijuana in small amounts as a civil offense rather than a criminal one.

 

And finally, if you’re visiting Hugo, Colorado, feel free to drink the water.

Water in the town of Hugo is not contaminated with THC after all, state tests concluded Saturday morning.  The suspicion was first announced Thursday after county officials, using field test kits, got some positive tests results.

 

Anything we missed?  Let us know in the comments.

Marijuana Trademark Registration Strategies – July 2016 Update

Posted in General, Intellectual Property

Earlier this month, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) issued a decision that presents relevant considerations for those in the fast-growing marijuana industry.  In the decision (In re Morgan Brown), the TTAB affirmed the rejection of a service mark application to register the below HERBAL ACCESS & Design mark in connection with “retail store services featuring herbs” because the TTAB found that the mark was actually being used in connection with the sale of marijuana.

herbalaccess

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