States That Have Legalized Medical Marijuana

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An Arizona federal district court judge entered judgment against Walmart Inc. for terminating the employment of a woman who had been prescribed medical marijuana because it had not established through expert evidence that the employee was impaired by marijuana at work despite high levels of marijuana in the results of her drug test.  Therefore, the court held plaintiff’s termination was…
Continue Reading Arizona Federal Judge Enters Judgment for Terminated Employee: High Levels In Positive Drug Test Insufficient to Show Impairment From Marijuana

Attorney General Jeff Sessions is in the news for two reasons today: he’s testifying before the Senate Intelligence Committee on his possible links to Russia and a letter he wrote to Congress indicating his disapproval of the Rohrabacher-Farr Amendment has surfaced.

Last month we reported that Congress extended the Rohrabacher-Farr Amendment.  No sooner was this extension passed,  but Sessions wrote…
Continue Reading Sessions Seeks Repeal of Rohrabacher-Farr

As we enter a new year, and approach the one year anniversary of New York’s Medical Marijuana Program,  we are given an opportunity to look back and reflect on the performance of the program, and what lies ahead.

In some ways, the program has been vastly successful.  As of January 3, 2016, 807 practitioners have registered for the Medical Marijuana Program, and 12,067 patients have been certified by their practitioners.

However, the Medical Marijuana Program has also been criticized for its limited access, high prices, and the regulatory hurdles which have discouraged doctors and patients from participating, and have hurt medical marijuana companies trying to grow their business.  For instance, some patients have to travel upwards of three hours to receive the required medication.  Further, many companies have invested in large grow spaces, but due to the restrictive nature of the law, demand has remained low.  Consequently, these companies are using only a marginal fraction of their overall capacity for growth.Continue Reading New York is Lighting A Fire Under its Budding Cannabis Industry

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

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

Last week, Illinois courts and lawmakers changed the  course of the administration of medical marijuana for state residents with debilitating conditions and diseases. First, on June 28, 2016, Associate Judge Neil H. Cohen of Cook County Chancery Court ruled that the Director of the Illinois Department of Public Health (“IDPH”), Director Neil D. Shah, illegally denied a Petition to include Post-Traumatic Stress Disorder (“PTSD”) as a debilitating medical condition within the Compassionate Use of Medical Cannabis Pilot Program (“Program”). Plaintiff Daniel Paul Jabs, a veteran of the Iraq War, suffered from PTSD and had symptoms of “‘panic attacks, flashbacks, nightmares, intrusive memories, hyper-sensitivity to light and noise, over reactive startle responses,’ as well as isolation, mood fluctuations, anxiety and insomnia.” After providing the requisite documents at a public hearing before an Advisory Board, the board members unanimously voted to add PTSD and ten other medical conditions as authorized debilitating medical conditions under the Program.
Continue Reading A One-Two Punch: Jabs v. IDPH and SB 10 Passage Changing the Direction of Medical Marijuana in Illinois

Welcome back to The Week in Weed, your weekly look at all things legalized marijuana.

The cannabis industry is becoming increasingly attractive to investors, who are pumping more money than ever into marijuana companies.  One indication of the increased…
Continue Reading The Week in Weed: June 10, 2016

Welcome back to The Week in Weed; here’s your Friday update on all things cannabis.

Long-term marijuana use is not associated with a raft of physical health problems, according to a new study, with one…
Continue Reading The Week in Weed: June 3, 2016

Welcome back to The Week in Weed, your weekly source for news about legalized marijuana.

He’s a medical pot advocate with arthritis.  He’s also the first Congressman to admit to marijuana use while in office.

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Continue Reading The Week in Weed: May 27, 2016

Can a bistro in Pottsville, Pa. fire employees for using medical cannabis?  Not anymore.  On Tuesday, May 17, 2016, the Pennsylvania Medical Marijuana Act (SB-3) (“MMA”) went into effect, following Governor Tom Wolf’s signature last month (as previously reported here).  Pennsylvania joins 24 other states, including New York, New Jersey and Connecticut, on the Pineapple Express.  Along the way, employers will learn their ability to discipline employees for consuming medical marijuana on the job, for showing up to work under the influence of medical marijuana, and other unintended consequences that will bud from the law.
Continue Reading The “Key-Stoned State”: Employer’s Guide to the Pennsylvania Medical Marijuana Law