Category: December 2020

Sheppard, Mullin, Richter & Hampton LLP: USA – The National Labor Relations Act Is Like To Preempt State & Local Cannabis Laws Requiring Employers To Enter Into & Abide By Labor Peace Agreements As A Condition Of Doing Cannabis Business

Though having no connection to employee representation or labor management relations, labor unions, and especially the United Food and Commercial Workers Union, have politically aligned themselves with pro-marijuana measures and stumped for their enactment. Unions are doing this because they identify nascent marijuana business as a fertile new source of members and new revenues to bolster Labor’s dwindling membership rolls and flagging financial resources.

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Chukwuka Onyeaku: The Legal Landscape of Cannabis/Indian Hemp in Nigeria: An Inquiry and Comparative Lessons from other Jurisdictions

To do this, the paper is divided into five sections. Section one is the introduction. Section 2 examines legal frameworks and policies on cannabis in Nigeria. Section 3 discusses legalizing the use of cannabis/ Indian hemp in Nigeria. Section four discusses legal framework of cannabis in other jurisdictions. Section 5 concludes the paper with recommendations.

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Sheppard Mullin: Green Wave – The Latest Election Cycle Brings Hope for Standardized Cannabis Legalization

Even two weeks after Election Day, jurisdictions nationwide are riding high after a number of positive wins related to the possible systemic legalization of cannabis use nationwide. As of November 3, 2020, the pendulum now undeniably swings in favor of cannabis, with medical cannabis legal in 33 states and recreational adult-use permitted in 12 states and Washington D.C.

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Susan Burns: Patchwork of State Privacy Rules Could Affect Hemp Producers

Last May Minnesota’s governor approved the state’s omnibus agriculture policy bill, which identifies “certain data about industrial hemp grower or processing applicants and licensees as private or nonpublic.” The bill (HF 4285) also requires the Minnesota Department of Agriculture (MDA) to securely maintain data on license applicants and to keep records about who requests information about hemp licensees. 

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Australia: University of NSW Law Journal – A Precarious High – Cannabis Decriminalisation, Authorisation and Federalism

On 31 January 2020, the cultivation and possession of small amounts of cannabis became legal under the law of the Australian Capital Territory (‘ACT’) with the coming into effect of the Drugs of Dependence (Personal Cannabis Use) Amendment Act 2019 (ACT). This appeared to be a significant milestone in Australia’s regulation of personal drug use.

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Husch Blackwell: USA – Employers Should Understand Their Rights as More States Legalize Marijuana

As we reported in our recent commentary, voters in five states in the 2020 general election passed initiatives to legalize marijuana usage. As the success of these ballot initiatives suggest, despite marijuana’s classification as an illegal Schedule 1 drug under the Controlled Substance Act, a growing number of states have legalized some form of marijuana usage. Employers, though, can adopt human resource policies and processes that establish drug policies appropriate for their workplace while staying compliant with the changing state marijuana laws.

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Universita Di Parma: Italy Paper – Legalization of Cannabis: Problem Profiles and Criminal Policy Solutions in the World.

addressing the issue of drug trafficking and the illegal drug market, we intend to demonstrate, through the illustration of empirical data, the failure of the prohibitionist approach. Finally, through an examination of the most important reforms on the subject that have been adopted to date in the world (mainly in the United States)

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Ballard Spahr: The State of Cannabis Affairs – New Legislation and a Regulatory Recap

On November 3rd, voters in Arizona, New Jersey, South Dakota, Montana, and Mississippi passed ballot measures to bring legal cannabis to each of their states. It’s not every year that we see states from opposite ends of the political spectrum agree on something with such vigor. In fact, loosening the laws surrounding cannabis—be it medical use, recreational use, or farming of hemp products—has consistently been one of the only areas receiving bipartisan support in a country divided on almost everything else.

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Green Light Law Group: Does the Fifth Amendment Apply in OLCC Marijuana Compliance Investigations? Parts 1 & 2

Last year, in a presentation to a gathering of Oregon cannabis lawyers, representatives from the Oregon Liquor Control Commission (“OLCC”) and the Oregon Department of Justice (“DOJ”) took the position that there are “No 5th Amendment rights in the regulatory realm,” that “What you don’t say COULD be held against you,” and that “Remaining silent = non-cooperation.”

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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