The Possible Ethical Conflict Facing Pennsylvania Marijuana Attorneys

As readers of my blog are aware, there is a conflict between state laws legalizing medical or recreational/adult marijuana use and federal law which continues to classify marijuana as an illegal drug. Despite federal law, the marijuana business is booming and states are rapidly changing their laws to allow some form legal marijuana (medical or … Continue reading The Possible Ethical Conflict Facing Pennsylvania Marijuana Attorneys

9th U.S. Circuit Court Of Appeals Says DOJ Can Not Prosecute Medical Cannabis Businesses That Comply With State Laws.

In a decision which can only be classified as a win for the marijuana industry, the U.S. Court of Appeals for the 9th Circuit in San Francisco (the “Court of Appeals”) ruled Tuesday August 16, 2016, that the U.S Department of Justice (the “DOJ”) must comply with a Congressional rider which prohibits the DOJ from … Continue reading 9th U.S. Circuit Court Of Appeals Says DOJ Can Not Prosecute Medical Cannabis Businesses That Comply With State Laws.

FDA WON’T RE-SCHEDULE MARIJUANA BUT WILL ALLOW RESEARCH

The FDA has decided that it will not re-schedule marijuana under the Federal Controlled Substance Act but will allow more research of marijuana.   After months of speculation of whether the FDA would reschedule marijuana from a Schedule I drug to a Schedule II, the FDA is electing to take this half-hearted measure. The Federal government’s … Continue reading FDA WON’T RE-SCHEDULE MARIJUANA BUT WILL ALLOW RESEARCH

John J. Collins Named As Director Of Pennsylvania’s Office Of Medical Marijuana

On August 4, 2016, Pennsylvania Secretary of Health, Dr. Karen Murphy, announced that John J. Collins had been named the director of the Office of Medical Marijuana. Collins is in an internal appointment from the Department of Health. Collins joined the Department of Health in April of this year and currently serves as a public … Continue reading John J. Collins Named As Director Of Pennsylvania’s Office Of Medical Marijuana

The DEA is Closer to a Decision on Whether To Reschedule Marijuana Under the Control Substance Act.

In a statement made to The Cannabist on August 2, 2016, DEA Agent Russ Baer said that the DEA was closer than they were a month ago in making a decision with regards to rescheduling.  Earlier this year, the DEA issued a statement that they wished to have decision on rescheduling made by the first half … Continue reading The DEA is Closer to a Decision on Whether To Reschedule Marijuana Under the Control Substance Act.

While the Laws are Changing in Pennsylvania, Possession of Marijuana For Personal Use Remains a Crime.

Overshadowed by the enactment of Pennsylvania’s Medical Marijuana Act (“MMA”)in April is a bill introduce on May 17, 2016, by House Representative Ed Gainey which called for the amendment of Pennsylvania’s Controlled Substance Act, Drug, Device and Cosmetic Act, 35 P.S. 780-101 et. Seq. (“CSA”). Specifically, HB 2076 seeks to amend PA’s CSA by reducing the … Continue reading While the Laws are Changing in Pennsylvania, Possession of Marijuana For Personal Use Remains a Crime.

The Department Of Justice’s Policy On Marijuana And Its Affects On Financing For Marijuana Related Businesses

As most readers of this blog are aware, marijuana is now legal in some form in half of the states, including Pennsylvania. Although legal in half of the states, marijuana related businesses remain subject to federal prosecution under the Controlled Substance Act (“CSA”) because it remains listed as a Schedule I drug. Until the DEA … Continue reading The Department Of Justice’s Policy On Marijuana And Its Affects On Financing For Marijuana Related Businesses

Governor Wolf passes new law allowing research into industrial hemp.

Pennsylvania has taken another step forward in legitimizing the production of Cannabis. In this instance, it's industrial hemp. On July 19, 2016, Governor Tom Wolf signed a new law providing for industrial hemp research. House Bill No. 967, now Act 92 was approved by Governor Wolf and amends Title 3 (Agriculture) of the Pennsylvania Consolidated … Continue reading Governor Wolf passes new law allowing research into industrial hemp.

Private room rentals under 30 days are subject to PA’s 6% Hotel Occupancy Tax

Any Pennsylvania home owner who rents out an extra room or rooms on a short term basis either privately or through an online site like Airbnb is subject to Pennsylvania’s 6 percent Hotel Occupancy Tax. (See 61 Pa. Code § 38 et seq.). Under Pennsylvania law, the hotel occupancy tax applies when renting out a … Continue reading Private room rentals under 30 days are subject to PA’s 6% Hotel Occupancy Tax

Pennsylvania’s Department of Health sets up a Physician’s Work Group to aid in the implementation of the Medical Marijuana Program.

On Tuesday, July 19, 2016, the Pennsylvania Department of Health took another step forward in the implementation of the state’s Medical Marijuana Act by establishing a Physician’s Work Group. Pennsylvania Secretary of Health, Dr. Karen Murphy, in an announcement from the DOH, said, "We have started working closely with physician groups to disseminate important information, … Continue reading Pennsylvania’s Department of Health sets up a Physician’s Work Group to aid in the implementation of the Medical Marijuana Program.