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U.S. Eleventh Circuit Court of Appeals - Smith v. Odom - False Claims Act, standard, public disclosure - Fla Ag Comm’r v. US Att’y Gen - Second Amendment, firearms, medical marijuana - ...more
Attorney General Merrick Garland has reiterated that the Department of Justice will not prioritize prosecuting marijuana use, a position that Garland expressed during his confirmation hearings. In remarks in front of a Senate...more
Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode of the "More with McGlinchey" podcast, attorneys...more
In United States v. Pisarski, No. 17-10428, 2020 U.S. App. LEXIS 21564 (9th Cir. July 10, 2020), the United States Court of Appeals for the Ninth Circuit upheld an order enjoining the federal government from prosecuting two...more
A new year is just around the corner which means that some new laws approved by state legislatures in 2019 will take effect on January 1, 2020. One of the most controversial laws is the legalization of marijuana. Iowa...more
By a vote of 267 to 165, the United States House of Representatives (the “House”) passed a bipartisan amendment protecting state cannabis programs and its users from federal prosecution. Named after its co-founder,...more
On January 4th, Attorney General Jeff Sessions took a big step backward. He announced that the Department of Justice rescinded the " Cole Memo " and other internal enforcement guidelines, issued under the Obama Administration...more
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
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
I live in Arizona and I have a medical marijuana card, is it possible to bring medicine from out of state? In recent years, two of Arizona's neighbors (Colorado and California) have changed their laws to allow adults to...more
As discussed in our January 5th blog post, the Cole Memorandum was rescinded by Attorney General Jeff Sessions on January 4th of this year.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
The California Legislature was busy in 2017, which means plenty of laws passed in Sacramento that will impact public agencies. In this three-part series, Best Best & Krieger LLP gives a comprehensive summary of the new laws...more
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
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
• 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
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
On January 4, 2018—just days after California began selling recreational marijuana and became poised to become the largest legal market for the drug in the U.S.—the Department of Justice changed tactics on marijuana...more
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
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
On January 4, 2018, U.S. Attorney General Jeff Sessions rescinded, effective immediately, previous enforcement priorities of the Department of Justice (DOJ) on marijuana, including the Cole Memo. The move creates uncertainty...more
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
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
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
The U. S. Department of Justice (DOJ) issued a memo dated January 4, 2018 regarding federal marijuana enforcement policy, directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established...more
Attorney General Sessions Announces Rescission of Obama Administration Policies on Marijuana Enforcement; Financial Institutions Lose Grounds to Permit Financial Transactions with Marijuana Businesses....more