In a recent article, senior officials with the Department of Justice’s Office of the United States Trustee (the “UST”), the federal government’s watchdog of the bankruptcy system, reaffirmed the department’s position that bankruptcy relief is not available to businesses in the weed industry.  Such a reaffirmation of a well-established policy is not new. However, the article is noteworthy in that it clarifies just how broadly the UST is willing to expand the scope of that policy and that it may prevent “downstream” participants, such as landlords of marijuana dispensaries, from accessing relief under the bankruptcy code. Continue Reading U.S. Trustee Issues Warning to ALL Participants in the Cannabis Industry: Bankruptcy Relief May Not be Available, So Don’t Let Your Profits Go Up in Smoke

California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January 2018.

On November 8, 2016, California voters enacted the Adult Use of Marijuana Act. Effective January 1, 2018, adults over the age of 21 can smoke marijuana recreationally. Health & Safety Code § 11362.1(a)(4). Marijuana, meanwhile, will remain legal for medical use by patients who have a physician’s recommendation, under California’s Compassionate Use Act of 1996. Health & Safety Code § 11362.5. So how will the new law affect employers? Continue Reading Not Up In Smoke: Employers Can Still Enforce Drug Policies

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

An Arizona attorney has filed a lawsuit asking the state’s Court of Appeals to decide whether the $150 patient card fee is legal, a move that could affect Arizona’s medical marijuana market.

A bill that would legalize marijuana in New Hampshire has been rejected by the House Criminal Justice and Public Safety Committee.

They say the Controlled Substance Act is unconstitutional.

And finally, remember, marijuana may be legal where you live, either medically or recreationally, but it is not legal to send marijuana through the mail.  Even if you construct your own fake boulders to do it.

Police say an Oregon man shipped more than $1 million worth of marijuana to another state via UPS last week, packing the drugs inside of artificial boulders he made himself.

Something we missed that everyone needs to know?  Give us a shout in the comments.

Seyfarth Synopsis: Marijuana businesses must properly label their products if they contain chemicals that can cause cancer, birth defects, or other reproductive health problems.  Failure to do so will result in a civil penalty or civil lawsuit.

Entrepreneurial Plaintiff’s attorneys have now set their sites on marijuana businesses.  Since January 1, 2017, Plaintiff’s firms have issued approximately 800 violation notice letters to marijuana businesses alleging that producers of cannabis infused edibles and vape cartridge manufacturers failed to warn consumers about specific fungicides and pesticides associated with their products.

California’s Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986, requires cannabis business owners to provide customers with warning of the chemicals contained in their products which can cause cancer, birth defects, and other health problems.  Among the substances “known to the state of California” to cause cancer, birth defects and other health problems are marijuana smoke itself, and the chemicals myclobutanil (also a fungicide), carbaryl, and malathion, commonly-used pesticides. Continue Reading Beware: Marijuana Businesses Targeted With Product Labeling Violation Letters

We could not let 4/20, National Weed Day, pass without a post, so here is an article from the Associated Press on the history and origins of the “holiday.”