With the spread of COVID-19 fears, states and cities nationwide are in the process of issuing a variety of executive orders and other ordinances shutting down businesses that are considered “non-essential.”  However, what is considered “essential” differs by state and locality.  Across the board, these laws have included healthcare services as “essential.” The question many have is whether marijuana dispensaries
Continue Reading Marijuana Dispensaries – Are They Essential Services?

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

Let’s start with a look at the new marijuana market in Illinois.  First day sales topped $3 million and 77,000 transactions at more than 40 dispensaries.  All those new customers have led to shortages; clearly, pegging supply to demand is
Continue Reading The Week in Weed: January 10, 2020

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

Let’s start off with Illinois, where recreational marijuana became legal on January 1, 2020.  A social equity component of the legislation ensures that some of the tax revenue will lower the costs of starting a cannabis business.  And Governor J.
Continue Reading The Week in Weed: January 3, 2020

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

The big news on Capitol Hill this week was the Senate’s lack of action on the banking bill.  Senator Mike Crapo (R-Idaho), the chairman of the Senate banking committee, opposes legalization and seemed disinclined to move on the issue.

Turning to
Continue Reading The Week in Weed: December 20, 2019

Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action.

The Original Legalization Bill As Enacted

The Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) legalizes recreational cannabis for Illinois adults starting January 1, 2020. The Legalization Act specifically allows Illinois employers to enforce “reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner.” The Act also permits employers to prohibit employees from being under the influence of or using cannabis in the employer’s workplace or while on call. Further, the Act (i) allows employers to discipline or terminate an employee who violates the employer’s workplace drug policy, and (ii) specifically insulates employers from liability for disciplining or terminating employees based on the employer’s good faith belief that the employee was either impaired at work (as a result of using cannabis) or under the influence of cannabis while at work.
Continue Reading Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter the Prairie State’s burgeoning cannabis market. As with any new business, one of the first things for owners to consider is the company’s brand, what it will be called and how best to protect it from would-be infringers.
Continue Reading Brand Protection for Illinois’ Budding Cannabis Industry

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.  There’s lots of news to cover this week, so let’s jump right in.

New Jersey is talking about decriminalizing marijuana.  Regular readers will doubtless recall that legalization failed earlier this year  and that lawmakers are considering a ballot initiative.  Now, Governor
Continue Reading The Week in Weed: December 6, 2019

The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not completely eliminate employer liabilities.

As we previously blogged, the Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) will legalize recreational cannabis for Illinois adults starting January 1, 2020. The Legalization Act specifically allows Illinois employers to
Continue Reading Illinois General Assembly Passes Amendments to Recreational Cannabis Law That Help Reduce Employer Liability

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

We start off today with Pennsylvania.  Could it be the next state to legalize?  First, the state’s attorney general  announced that he is in favor.  Meanwhile, the governor asked the Pardons Board to speed up applications for those with low-level marijuana
Continue Reading The Week in Weed: October 4, 2019