Category: Uncategorized

Cannabis Cultivator Prevails in Landmark Civil RICO Trial

Last week, a closely-watched trial involving a Colorado cannabis sued by a neighbor ended with a jury finding in the cultivator’s favor. In Reilly v. 6480 Pickney, LLC, the Reillys complained that their property’s value had decreased due to odor emitted from the cultivator’s property (an unfortunate, if…

Cole Memo and Other Marijuana-Related Enforcement Guidance Rescinded by the Department of Justice Creating Greater Uncertainty for State-Legal Marijuana Businesses

On January 4, 2018 the Department of Justice rescinded Obama-era guidance to United States Attorneys, including the 2013 memorandum issued by then-Deputy Attorney General James Cole, calling previous guidance “unnecessary” in light of general principles governing federal prosecutorial discretion. Up until this point, the…

Growing Season is Near

Today, the Ohio Department of Commerce announced the 12 Level I medical marijuana cultivator provisional license recipients (with one recipient having a possibility of choosing from two different locations) and the 12th recipient of the Level II cultivator provisional license. In awarding the medical…

Jeff Sessions Again Fails to Clarify Comments on Marijuana

What was scheduled as a hearing by the House Judiciary Committee regarding Attorney General Jeff Sessions’ testimony about possible Russian Government contacts with the Trump Campaign, also included another hot-button issue: Jeff Sessions’ views regarding marijuana. Representative Steve Cohen, a Democrat from Tennessee, stated…

NFL Approving of Marijuana?

Two recent events serve as continuing examples of how attitudes towards marijuana are changing in the U.S. The National Football League (“NFL”), which strictly enforces its drug policies, may be changing its mind on medical marijuana. The NFL Players Association (“NFLPA”) has already been…

Massachusetts Supreme Court Allows Disability Discrimination Claim For Use of Medical Marijuana

In Cristina Barbuto v. Advantage Sales & Marketing LLC and Joanne Meredith Villaruz, Massachusetts Supreme Judicial Court Case No. SJC-12226, the Massachusetts Supreme Court held on July 17, 2017, that an employee in Massachusetts can bring a claim of disability discrimination after being fired…

The Trump Administration’s Ever-Wavering Position on Marijuana

The uncertainty as to how the Trump administration will proceed in the current environment of marijuana being illegal under federal law while legal, to some extent, in 29 states, has not yet caused significant angst within the $6 billion marijuana industry. Attorney General Sessions’…