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Cole Memo and Other Marijuana-Related Enforcement Guidance Rescinded by the Department of Justice Creating Greater Uncertainty for State-Legal Marijuana Businesses

On January 4, 2018 the Department of Justice rescinded Obama-era guidance to United States Attorneys, including the 2013 memorandum issued by then-Deputy Attorney General James Cole, calling previous guidance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’…

Ohio Medical Marijuana Law Already Causing Confusion

The time between “legalization” and implementation seems to have caused confusion about the current use of medical marijuana in Ohio. HB 523 became “law” on September 28, 2016. Regulations for cultivators are set to be finalized by May 6, 2017. Regulations for physicians, testing…

Trump taps Jeff Sessions for Attorney General nominee: what does this mean for legal marijuana?

The cannabis community has been eagerly waiting to learn whom Donald Trump would nominate as the nation’s top law enforcement officer, and it appears we have our answer: Alabama Senator Jeff Sessions. So what does this mean for legal marijuana? Let’s first start with a quick…

Confusion continues regarding whether Ohio doctors can recommend medical marijuana. 

Earlier this month, the Ohio State Medical Board provided “guidance” to doctors relating to medical marijuana, stating that they should not recommend medical marijuana to patients until the Board finalizes its rules to certify doctors to make those recommendations — a process that could…

Attorney Ethics and Legal Marijuana: Amendments Proposed to Rules 1.2 and 8.4

The recent advisory opinion issued by the Ohio Supreme Court Board of Professional Conduct has led to a myriad of concerns among lawyers and others in Ohio’s medical marijuana community. Thankfully, the Chief Justice of the Ohio Supreme Court is aware and the Court…

Join us at the Marijuana Business Daily Crash Course Seminars in Cleveland and Cincinnati!

I’m excited to announce that I will be one of the featured speakers at the Marijuana Business Daily Crash Course seminars taking place in Cleveland and Cincinnati next month, where I’ll have the opportunity to present and answer questions on the legal issues associated…