cannabis Archives

Two Judges Find Florida Medical Marijuana Law Unconstitutional

January 4th, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes, HB Tort Notes|Tags: cannabis, compliance, Corporate & Securities, emerging litigation, regulations|

The Program is 'Absolutely Broken' -- Now What? Edited by Tom Hagy Florida Circuit Judge Karen Gievers just held that the Florida medical marijuana law is unconstitutional. Reporting on the judge's Trulieve decision for the Florida Politics news service, journalist Jim Rosica called it "a rebuke to lawmakers and the Rick Scott Administration" that was "stunning even for" Judge Gievers. "In the spirit of boxing legend Muhammad Ali, known for his pre-fight rhymes, Gievers opined that in Florida 'the medical marijuana system was broken. Now, in the Constitution, the people have spoken.'" Rosica reported that while Gov. Scott is appealing the major marijuana decisions against the state Department of Health, the transition team of Republican Governor-elect Ron DeSantis, including Lt. Gov.-elect Jeanette Nuñez, has suggested that he will not continue to defend the law in court. Rosica continued: "Gievers, who retires in April, said her decision striking down the law 'includ(ed), but (is) not limited to, replacement of the voter-selected registry plan with an arbitrary, inconsistent licensing scheme … throttling access of qualifying patients to … safe use of medical marijuana from (providers that) the Department has a clear, undisputed duty to register.' In fact, just passing the law was itself unconstitutional, Gievers suggested: 'Voters made clear in 2016 that the Legislature was to have no role in implementing access to and [...]

CBD: Confusing Regulations May Soon Find at Least Some Clarity — But Proceed With Caution

July 16th, 2018|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes|Tags: cannabis, compliance, Corporate & Securities, Drug Laws, regulations|

By Tom Hagy July 16, 2018 Proponents say the medical benefits are many and magnificent. You can feel better without feeling stoned. While that will be disappointing to some, people enduring a variety of ailments may find relief, proponents and some studies say. From inflammation to pain to anxiety. From arthritis to alcoholism to diabetes. From psychoses to seizures. Cannabidiol may cure what ails you. And in many cases the science is there, even studies sponsored by the government, say the folks at Project CBD. While the regulations vary from state to state, and the definitions can be confusing, clarity is coming for at least the hemp-derived variety of products – as opposed to its sister cannabis plant, marijuana – with the likely passage of Senate Majority Leader Mitch McConnell’s Hemp Farm Bill. The measure is also noteworthy because it has drawn rare bipartisan support. CBD can be found in just about anything, from skin care products to pain medications to anti-seizure drugs—even beer. Companies, including large retailers, like Target, have tried to sell or are selling products containing CBD online or across state lines. While small compared to the marijuana industry, CBD is on a serious growth trajectory. “Spending on legal cannabis worldwide is expected to hit $57 billion by 2027,” according to an article at Forbes.com, written by Thomas [...]

Congressional Cannabis Proposal Would Can Criminalization

June 8th, 2018|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes|Tags: cannabis, compliance, Corporate & Securities, Drug Laws, emerging litigation|

Could this be the thing that brings the parties together? Here is a quote from an article written for Forbes.com by freelance writer Janet Burns. [Jolene Forman, staff attorney at the nonprofit Drug Policy Alliance] called the bill a "first step," and noted, “This bipartisan proposal clears the way for states to develop their own marijuana policies without fear of federal intervention. This will give states more opportunity to restore communities that have borne the brunt of the drug war and mass criminalization." So far, 30 states, Washington, DC and the U.S. territories of Guam and Puerto Rico have enacted medical marijuana legislation, while estimates suggest that 63 million Americans reside in areas where anyone over 21 may now legally possess the plant.