March 2018

USA: FDA and CBD – Brownson Norby

Earlier this month, on April 9, 2018, FDA published a notice requesting comments from the public on the scheduling of cannabis-related substances (“Cannabis Plant and Resin; Extracts and Tinctures of Cannabis; Delta-9-Tetrahydrocannabinol; Stereoisomers of Tetrahydrocannabinol; Cannabidiol”). See here: FDA Request for Comments.

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The McConnell Hemp Bill and Federal Preemption

The most notable thing about The Hemp Farming Act of 2018, S. 2667, introduced by Senator McConnell on April 12, 2018 (Hemp Bill), is that it will make hemp lawful throughout the country at both the federal and state levels. This is huge. When advising my clients about industrial hemp we invariably discuss the difficult issue of which states they should avoid. The Hemp Bill fixes that problem.

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Ninth Circuit Hears Medical Cannabis Case

Just last week, on March 29th, a three-judge panel for the Ninth Circuit Court of Appeals held a special setting at the University of Idaho College of Law. Judges Richard Tallman, N. Randy Smith, and Morgan Christen considered the case of Michael Assenberg v. Whitman County 

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WA: 2018 Washington State Comfort Legislation for the Financial Industry and Accountants Dealing With Licensed Marijuana Businesses

On June 7, 2018, a supermajority of the Washington Legislature blessed financial institutions and accountants providing services for the licensed marijuana industry.The new law is comfort legislation for a special class in Washington. It is also a protest against impressions about the threat of federal prosecution. But what comfort is the legislation for persons falling outside the protected group?

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Semantics Matter in the Law: : An Analysis of the FDA Notice Regarding Cannabinoids

Rather than focus this article on the particulars of the FDA request for comments on cannabinoids under docket FDA-2018-N-1072, I am going to use the FDA notice as a vehicle for discussing the use of tricky semantics by the FDA and DEA, which I posit is both intentional and effective in its current war on cannabinoids. This is the sentence on which I’m going to focus:

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Pennsylvania: Medical Marijuana: Turning Over on Leaf

In early April, Pennsylvania’s Medical Marijuana Advisory Board (Board) delivered a report to the Department of Health (DOH) recommending changes to the medical marijuana program. Among the proposed reforms – recognizing additional medical conditions as cannabis-treatable (neurodegenerative diseases, dyskinetic and spastic movement disorders, opioid addiction treatment and terminal illness), allowing physicians to opt out of DOH’s public registry, and allowing licensed dispensaries to sell cannabis in dry leaf and flower form.

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Oregon: Josephine County Sues State of Oregon Over Marijuana Laws

Josephine County responded aggressively to a recent adverse decision by the Oregon Land Use Board of Appeals (LUBA), bringing suit against the State of Oregon to invalidate the state’s marijuana laws…The county’s preemption arguments could have broad impact, implicating both recreational and marijuana legalization schemes throughout the nation.

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Andrew Sacks: Cannabis Dispensary 1000 Foot Rule In Pennsylvania

There are hundreds of day-care centers just in Philadelphia. The “thousand-foot rule” means that there are almost no potential dispensary locations in the city, and that patients must travel to the suburbs, or to the far corners of Philadelphia, to purchase their medical marijuana. This hardship will be felt most by the old and the needy.

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Interpreting Arkansas’ Medical Marijuana Statute: An Uncertain Landscape for Employees and Employers Alike

On January 4, 2018, the United States Attorney General, Jeff Sessions, sent the marijuana industry into a panic. In a memorandum addressed to all U.S. Attorneys, Mr. Sessions reminded America that marijuana remains illegal under federal law and, in the process, rescinded the “Cole Memorandum,” an Obama-era directive to federal prosecutors to de-prioritize the prosecution of marijuana industry participants in states where it has been legalized.

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“Is Ohio’s Medical Marijuana Program Constitutional ?”

Historically, minority communities have been targeted by law enforcement during cannabis prohibition and as a result a disproportionate amount of incarcerated cannabis offenders are minorities. The provision it argues is narrowly made and is the least disruptive method for helping minorities achieve representation in the Ohio medical marijuana program.

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Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild