Cannabis Law Journal

Cannabis Law Journal

December 2017 Edition

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USA: Cannabis: Patenting Opportunities in an Emerging U.S. Market

Patents are an important tool for businesses to secure a competitive advantage, particularly for companies in an emerging industry such as the cannabis industry. Contrary to popular belief, cannabis and cannabis-related inventions are not only are patentable, but the number of patents and applications being filed in this area is growing steadily.

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Oregon could learn from other states with employee protections for off-work medical marijuana use

Oregon was one of the first states to decriminalize marijuana, legalize medical marijuana, and legalize recreational marijuana use. Despite Oregon’s forward thinking on cannabis, employers are still allowed to discharge employees for off-work use of marijuana—including medical marijuana. Oregon’s Medical Marijuana Act does not require employers to accommodate the medical use of marijuana in the work place.1 In 2010, the Oregon Supreme Court determined employers are not required to accommodate employee’s use of medical marijuana and can rightfully discharge an employee for off-work use.

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USA: Seeing the Bigger Picture

Authored By Attorneys for Freedom, law firm of Marc J. Victor Arizona Freedom Summit   I can’t say with certainty what our founding fathers would think about the United States leading the world in incarceration rates, serving as the world’s police force, or...

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Canada’s Proposed Approach to the Regulation of Cannabis

The Canadian government released their Proposed Approach to the Regulation of Cannabis1 – the purpose of releasing the cannabis regulations was to solicit public input and their views to help shape the final version of the regulations. Those wishing to provide their feedback have until January 20, 2018 to do so, either online or through mail.2 In order for the Canadian government to meet its self-imposed July 2018 deadline the final version of the released regulations will need to be published in the Canada Gazette, Part II, as soon as possible after the Cannabis Act receives Royal Assent.3

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Legalized Recreational Marijuana Soon in the Garden State?

On November 7, 2017, Democrat Phil Murphy was elected Governor of New Jersey. While campaigning, Murphy’s platform included “[legalizing] marijuana so police can focus resources on violent crime.” Indeed, in his victory speech, he pledged his support for legalization of recreational marijuana use, citing both economic and social justice reasons. Murphy has called attention to the frequency and cost of Marijuana arrests in New Jersey, and the 3:1 racial disparity in such arrests. In addition, he has incorporated an estimated tax revenue from the sale of marijuana into his fiscal proposals.

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Washington’s Business Friendly Bud Laws

Changes the Washington state Legislature recently made to state cannabis laws could have positive impacts on the market in years to come. With the cannabis market steadily increasing across the globe, this seems as an attempt by Washington to ensure they are one of the top competitors in the world market.

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USA: Proposed Amendment Would Fix Marijuana Tax Treatment

Authored By: Rod Kight 12-1–2017 As Republicans face a looming deadline to pass a tax bill (Bill) that has been roundly condemned, it appears that at least one bit of common sense may find its way into law. Senator Cory...

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Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Elvin Rodríguez Fabilena


Julie Godard
Carl L Rowley -Thompson Coburn LLP

Jerry Chesler – Chesler Consulting

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

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

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

William Bogot – Fox Rothschild

Valerio Romano, Attorney – VGR Law Firm, PC

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

Tracy Gallegos – Associate Fox Rothschild

New Jersey
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

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

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