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

Massachusetts has promulgated final rules for cannabis regulation.  Look for TBT’s analysis of those new regulations shortly.  Until then, here’s some news coverage:

The Massachusetts Cannabis Control Commission has finalized the regulations for the state’s voter-approved recreational cannabis industry, four months before the program is set to go live, according to a WBUR report.

Massachusetts got closer Tuesday to making recreational marijuana sales in the state a reality this summer after the approval of final regulations for MJ companies.

Massachusetts just got a whole lot closer to welcoming its first-ever recreational marijuana shops, and it looks like they’ll be in business on schedule at the beginning of July.

Continue Reading The Week in Weed: March 9, 2018

A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (“ADA”).  Although the employee faces an uphill battle, the case presents a challenge to the commonly-held view that the ADA does not support such a claim.

In Terry v. United Parcel Services, Inc., No. 2:17-cv-04972-PHX-DJB (D. Ariz., filed Dec. 29, 2017), a former UPS sales director alleges, among other things, that UPS terminated his employment in violation of the ADA and the Arizona Medical Marijuana Act (“AMMA”).  Terry alleges that he was a medical marijuana card holder under the AMMA, and that, at the direction of his doctor, he used medical marijuana during non-work hours to treat his nearly constant and extreme hip pain.  He claims that he never possessed, used, or was impaired by marijuana, alcohol, or any other impairing substance while present on UPS’s premises or during working hours.  According to the complaint, in April 2017, UPS required Terry to report immediately for a drug and alcohol screening test, and was informed that the reason for the test was “observable behavior.”  At a meeting with UPS officials one week later, Terry claims that UPS terminated his employment due to his positive drug and alcohol screening results and violating the company’s drug and alcohol policy.  Terry claims that he responded by notifying UPS that he has a valid medical marijuana card under the AMMA and a valid prescription for Adderall that he took to treat his ADD. Continue Reading A Potential P[l]ot Twist for Medical Marijuana and the ADA

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

Probably the biggest news this week was the dismissal of the lawsuit over the scheduling of marijuana.

A federal judge on Monday dismissed a lawsuit pitting a diverse cadre of cannabis advocates against Attorney General Jeff Sessions and the Drug Enforcement Administration.

A judge on Monday dismissed a lawsuit challenging federal laws criminalizing marijuana as unconstitutional, saying the five plaintiffs had failed to pursue changes in the drug’s legal status by first going through the Drug Enforcement Administration.

Here’s how the lawsuit fell short.

Nevada legalized recreational marijuana in July of 2017.  What’s the status of the industry?

Nevada lawmakers have green-lighted permanent rules for the state’s adult-use cannabis industry.

Since starting recreational marijuana sales six months ago, Nevada retailers have sold more than $195 million worth of cannabis, or more than $1 million a day.

Las Vegas’ McCarran International Airport has installed “marijuana amnesty boxes” on the grounds for passengers who forgot to ditch their legal bud.

And finally, there’s a Illinois congressional hopeful who’s lighting up online.

It’s a true sign of the times when a congressional candidate smokes marijuana for campaign ad.

Twenty nine states plus the District of Columbia have legalized medical marijuana and eight of these states plus D.C. have legalized recreational marijuana.  Additional states are considering some form of legalized marijuana use.  This has created a new and growing demand for leasing industrial, agricultural and retail properties for growing, manufacturing and dispensing cannabis.  Given this growing demand for real estate, it is important to reflect on how many boilerplate provisions in commercial leases are not suited to covering a use that continuously puts state law at odds with federal law. Continue Reading Don’t Get Smoked in Your Next Commercial Marijuana Lease

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

Less than two months after California’s legal cannabis industry launched on New Year’s Day, state officials are starting to target hundreds of marijuana companies that are operating illegally without a license.

As the opioid crisis deepens, an increasing number of researchers and advocates are looking at legal marijuana as a possible solution.

A bipartisan bill was offered in the House on Thursday seeking to circumvent attempts by Attorney General Jeff Sessions to encourage stricter enforcement of federal marijuana laws in states where the drug is legal.

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

Two weeks ago, we reported on San Francisco’s decision to wipe out past marijuana convictions.  Now Seattle is following suit.

Five years after Washington state legalized marijuana, Seattle officials say they’re moving to automatically clear past misdemeanor convictions for pot possession.

Washington voters moved to legalize the drug in 2012.

City of Seattle to Nullify All Misdemeanor Marijuana Possession Convictions From Years Prior to Legalization.

Meanwhile, our neighbors to the north are making deals with companies ahead of legalization.

The Ontario government has inked a deal to use Shopify Inc.’s e-commerce platform for cannabis sales online and in stores as part of its plan to be the province’s sole distributor of legal recreational marijuana.

Six companies announced they have signed letters of intent with Quebec’s liquor board to supply cannabis and related products.

If you’re wondering how many dispensaries are operational in states where medical marijuana is legal, this listing will be of use.

Seeing how many dispensaries are in each state is a perfect illustration of evolving marijuana laws.

In October 2017, Green Solution Retail, Inc., a cannabis retailer, petitioned the U.S. Supreme Court (SCOTUS) to review a decision which held that the Anti-Injunction Act and Declaratory Judgment Act barred Green Solution’s request to enjoin the IRS from enforcing § 280E of the Internal Revenue Code. Continue Reading The High Court Could Review the IRS’ Power to Investigate and Determine Whether Cannabis Dispensaries Engage in Illegal Activities

The California Division of Occupational Safety and Health (DOSH) recently held advisory meetings on the Agency’s draft rules for the Marijuana/Cannabis Industry and for the Heat Illness Prevention in Indoor Places of Employment.  It is seeking public comments. Continue Reading Cal/OSHA Drafts Rules for the Marijuana/Cannabis Industry and Heat Illness Prevention in Indoor Places of Employment

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

One of the problems with a new industry is coordinating supply and demand.  Maybe Oregon and California could work together to solve both their problems.

Oregon’s top federal prosecutor said the state has a “formidable” problem with marijuana overproduction that winds up on the black market.

California’s top cannabis regulator said the state deserves credit for a successful rollout of retail marijuana sales, but acknowledged that significant issues loom in the near future.

Another week, another bit of marijuana banking news, as Fourth Corner Credit Union will be able to serve the industry – but there’s a catch.

Fourth Corner Credit Union will be allowed to bank marijuana related business but has to stay away from dispensaries, Fed says.

Fourth Corner won’t serve dispensaries, focusing on ancillary businesses such as accountants and landlords.

And finally, a useful survey from The Cannabist.

It’s been a month since U.S. Attorney General Jeff Sessions rescinded the Cole Memo, Obama-era Department of Justice guidance on enforcement of federal law in states that legalized marijuana in some form.

On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act contains within it an anti-discrimination in employment provision, which is effective today, February 1, 2018, making it the first law of its kind in the nation because it protects employees and applicants from adverse employment action based on their use of off-duty and off-site marijuana.
Continue Reading Maine Employees Now Protected From Repercussions of Off-Duty Marijuana Use