Just two years ago, North Dakota voters passed medical marijuana legalization with 64 percent support. Now, North Dakota could join a number of sanctuary states legalizing recreational marijuana.

Through an effort called Legalize ND, proponents of recreational marijuana submitted more than the required 13,452 valid petition signatures to get a measure on the November 2018 general election ballot.

If
Continue Reading Budding Developments: North Dakota to Legalize Recreational Marijuana?

On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana,” and joined a handful of other states, including California, to have legalized the recreational use, retail sale and taxation of marijuana. The voter-approved law would have allowed persons 21 years of age or older to use or possess up to 2½ ounces of marijuana, consume marijuana in nonpublic places (including a private residence), and grow, at the person’s residence, up to 6 flowering marijuana plants (and up to 12 immature plants). It also would have legalized the purchase of marijuana or marijuana seedlings or plants from retail marijuana stores and cultivation facilities.

The law was to become fully effective on January 30, 2017. However, on January 27, 2017, the legislature approved a moratorium on implementing parts of the law regarding retail sales and taxation until at least February 2018, giving time to resolve issues and promulgate rules. However, on November 3, 2017, Governor Paul R. LePage vetoed legislation designed to set up a retail market for cannabis. On November 6, 2017, the Maine legislature sustained the Governor’s veto.
Continue Reading Not So Fast: Maine Legislature Overrides Governor’s Veto of Recreational Marijuana Law

On January 22, 2018, Vermont Governor Phil Scott signed H. 511, allowing adults to possess recreational marijuana, making Vermont the first state in the nation to pass such a law in the legislature rather than at the ballot box. Vermont joins eight other states that have legalized recreational marijuana, as well as Washington D.C.  Nearly 30 states, including Vermont and Washington D.C., also have medical marijuana laws on the books. Polls show that most Americans favor legalizing marijuana at the national and local levels. An October 2017 Gallup poll found national support for legalization at the federal level to be at almost 64%.
Continue Reading Vermont Legislature Legalizes Recreational Marijuana

On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“Act”), and joined a handful of other states, including California, to have legalized the recreational use, retail sale and taxation of marijuana. As approved, the Act would have allowed persons 21 years of age or older to use or possess up to 2½ ounces of marijuana, consume marijuana in nonpublic places (including a private residence), and grow, at the person’s residence, up to 6 flowering marijuana plants (and up to 12 immature plants). The Act also would have legalized the purchase of marijuana or marijuana seedlings or plants from retail marijuana stores and cultivation facilities. Importantly for employers, the Act was the first law of its kind in the nation establishing express anti-discrimination protections for recreational marijuana users.

The Act was to become fully effective on January 30, 2017. However, on January 27, 2017, the legislature approved a moratorium on implementing parts of the law regarding retail sales and taxation until at least February 2018, giving time to resolve issues and promulgate rules.

Continue Reading Maine Legislature Fails to Override Governor’s Veto of Recreational Marijuana Law

While Attorney General Jeff Sessions continues to put the marijuana industry on edge with his recent efforts to clamp down on the “hands off” policies of the Obama-era Department of Justice, U.S. Senator Cory Booker (D-NJ) has introduced an ambitious piece of legislation that would change the landscape of how marijuana is addressed at the federal level.

The Marijuana Justice
Continue Reading Repeal Without Replace? Booker Calls on Senators to Repeal Federal Ban on Marijuana

A federal judge from the U.S. Northern District of Illinois recently ruled that an Illinois state law banning (i) medical cannabis cultivation centers and dispensaries from making campaign contributions to any political committee established to promote a candidate for public office, and (ii) candidates and political committees from receiving such contributions, violated the First Amendment of the U.S. Constitution.  The
Continue Reading More Green on the Horizon for Illinois MMJ Businesses and Lawmakers

Now that Massachusetts has voted to legalize the recreational use of marijuana, employers that want to maintain drug-free workplaces, the new marijuana law raises a number of questions regarding employer rights and obligations.  In this client alert, we identify a number of issues facing employers in the wake of this new law and offer our initial reactions and insights.

To
Continue Reading Management Alert: Recreational Marijuana Use Becomes Legal in Massachusetts: Questions and Answers for Dazed and Confused Employers

Golden State voters trail-blazed the way for the legalized use and sale of marijuana on November 8, 2016. The California Marijuana Legalization Initiative, known as Proposition 64, was welcomed with open arms (and maybe a little cotton mouth) by the nation’s largest economy with a vote of 56% in favor of the law.
Continue Reading California High on Proposition 64’s Recreational Marijuana Law

The Florida chapter of the National Organization for the Reform of Marijuana Laws (NORML) filed a civil lawsuit against the Broward County Commissioner of Elections, after news reports indicated that some mail-in ballots did not include a question about a state constitutional amendment on allowing medical marijuana.

The plaintiffs’ are seeking “a judicial declaration enjoining the Defendants from distributing any
Continue Reading UP IN SMOKE?: NORML Sues After Reports that FL Medical Marijuana Measure Disappeared From Ballot