News & Analysis as of November 17, 2024

Dispensaries

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Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers. less -

The Week in Weed: April 2024

Seyfarth Shaw LLP on 4/5/2024

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Virginia Governor Youngkin took action on the retail market bill. The Florida Supreme Court handed down...more

Still Smoking: Medical Marijuana in Maryland and What You Need to Know

Baker Donelson on 3/22/2019

Maryland first joined the "legal marijuana" party back in 2014, and in June 2017, the Maryland Medical Marijuana Commission licensed the first dispensary. Originally published in Maryland State Bar Association Section of...more

Asset Forfeiture; a Commentary on the Legal Marijuana Industry’s Achilles Heel

Burns & Levinson LLP on 3/6/2019

Given the United States’ current political climate, bi-partisan unity has become a seemingly rare occurrence, especially in the country’s highest court. That’s what makes the Supreme Court’s recent decision in Timbs v....more

Financial Services and the Marijuana Industry: the U.S. House Mulls Regulatory Reform for Financial Institutions and...

Ballard Spahr LLP on 2/19/2019

Federal legislators continue to struggle over the growing disconnect between increasing State legalization of the cannabis industry, and the continued illegality of cannabis under federal law....more

The Medical Marijuana Industry and AML: Opportunities and Risks

Ballard Spahr LLP on 8/16/2018

New York State Encourages Banking for State-Licensed Medical Marijuana Businesses – Whereas a Maine Company Runs Into Trouble, Despite State Law Legalizing Medical Marijuana....more

Cannabis, Cash, and Crime

Buchalter on 7/17/2018

ON OCTOBER 2, 2012, kidnappers robbed and abducted a marijuana dispensary owner from his Newport Beach home. They then drove him to the Mojave Desert where they tortured him and demanded that he reveal where he had buried his...more

Providing Banking Services to the Legal Marijuana Industry: Mitigating Risks to Maximize Potential Rewards

Bradley Arant Boult Cummings LLP on 5/29/2018

Since 1996, when California became the first state to legalize marijuana (at the time, for medicinal purposes only), 28 additional states and the District of Columbia have legalized marijuana to some extent. Public support...more

Cannabis Industry Update – April 2018

Farrell Fritz, P.C. on 4/25/2018

With so much happening in the cannabis industry we thought we’d take this time to highlight some of the industry’s most recent happenings. ...more

Ethical Considerations For Attorneys in Light of the Rescission of the Cole Memorandum

Farrell Fritz, P.C. on 2/2/2018

As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th of this year. The Cole Memorandum had served to formally announce the DOJ’s policy that it would...more

New Fed Cannabis Policy Hits California Local Government - Potential Fiscal Impacts and Confusion

Best Best & Krieger LLP on 1/15/2018

Just days after the sale of recreational cannabis became legal in California, U.S. Attorney General Jeff Sessions issued a new policy regarding cannabis-related activities that is causing confusion for local governments — and...more

Rescission of Medical Marijuana Memoranda

Dickinson Wright on 1/12/2018

Attorney General Jeff Sessions issued a one-page memorandum on January 4, 2018 (the “Sessions Memo”) rescinding both the Cole and Ogden Memoranda which essentially established a Department of Justice (“DOJ”) prosecutorial...more

DOJ Memo Clouds Marijuana Industry's Future

Holland & Knight LLP on 1/10/2018

• The marijuana industry that was expected to generate roughly $40 billion in economic impact nationwide by 2021 is at a crossroads given a recent move by U.S. Attorney General Jeff Sessions to eliminate certain protections...more

Sessions Memorandum Sends Shockwaves Through Cannabis Industry

Lowndes on 1/9/2018

On January 4, 2018, U.S. Attorney General Jeff Sessions issued a memorandum (the “Sessions Memo”) on marijuana enforcement which rescinded the existing Obama-era Cole Memorandum....more

Attorney General Sessions' Rescission of DOJ Marijuana Guidance Signals Uncertainty for the Marijuana Industry

Stinson LLP on 1/8/2018

On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded all of the prior Obama-era Department of Justice (DOJ) marijuana-related guidance, including the so-called “Cole Memo.” That guidance had provided...more

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on 1/8/2018

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

DOJ Reverses Course on Marijuana Enforcement

Holland & Knight LLP on 1/8/2018

The U.S. Department of Justice released a memorandum on December 4th, directing all U.S. Attorneys to use their prosecutorial discretion to enforce the Controlled Substances Act (CSA) of 1970 with respect to the cultivation,...more

Rescission of the Cole Memorandum and Consequences for the Marijuana Industry

Farrell Fritz, P.C. on 1/8/2018

While marijuana is legal for medical and, in some instances recreational, use under the laws of 29 states plus the District of Columbia, under federal law it remains illegal....more

Trump Administration Rescinds Obama Era Marijuana Policy: What Does It Actually Mean?

Orrick, Herrington & Sutcliffe LLP on 1/8/2018

On January 4th, United States Attorney General Jeff Sessions issued a memo reversing federal marijuana enforcement policy, effective immediately. The decision moves the federal government away from its all but directed...more

Sessions Changes the US DOJ’s Position on Prosecutorial Discretion Involving Marijuana in States Permitting Use – But is that a...

Fisher Phillips on 1/5/2018

As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more

Cole Memorandum Rescinded

Foster Garvey PC on 1/5/2018

U.S. Attorney General Jeff Sessions yesterday rescinded the Cole Memorandum, which had directed the federal justice department to de-prioritize the prosecution of federal marijuana laws in states where the use of marijuana...more

Marijuana Enforcement: DOJ Cole Memo Up in Smoke

Ballard Spahr LLP on 1/5/2018

Attorney General Sessions Announces Rescission of Obama Administration Policies on Marijuana Enforcement; Financial Institutions Lose Grounds to Permit Financial Transactions with Marijuana Businesses....more

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