by Karl Voigt If marijuana law is a particularly dynamic field of practice, then marijuana law as it pertains to Workers' Compensation law is even moreso mutable. We have all seen news coverage of individual states trying to get a handle on changing legal standards with respect to marijuana growing, sales, and use. Only now … Continue reading Maine Allows for Marijuana Use in Workers’ Compensation
09/02/2016 One of the most common questions asked about OSHA Inspections is, “Do I have to let them in my business?” My short answer has always been – No you do not, but it is often advisable that you do so. It is within your rights as a business owner to require that OSHA inspectors … Continue reading OSHA Inspector’s Warrant Request DENIED
On August 18, 2016, Secretary of Health, Karen Murphy held a press conference to give four important updates on Pennsylvania’s Medical Marijuana Program. One update was the previous announcement of John Collins named as the director of the Office of Medical Marijuana. The biggest update was Secretary Murphy’s announcement that the Department of Health finished … Continue reading DOH Announces Important Updates On PA’s Medical Marijuana Program Including Draft Regulations for Growers/Processors.
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
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.
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
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
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.
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.
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