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Medical Marijuana › Appeals

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... more +
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 -
Seyfarth Shaw LLP

The Week in Weed: June 2025

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Texas is the center of gravity in the hemp world. The First Circuit rules against cannabis businesses. ...more

Bradley Arant Boult Cummings LLP

Court Voids Alabama Medical Cannabis Awards: What’s Next on This Far Too Long, Too Strange Trip?

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On Monday — the day after the holiest of days on the cannabis calendar and just days after a hearing during which the Montgomery County Circuit Court heard arguments about whether an emergency rule promulgated by the AMCC in...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Medical Marijuana, Inc. v. Horn

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On April 2, 2025, the Supreme Court of the United States issued a decision in Medical Marijuana, Inc. v. Horn, No. 23-365, holding that the RICO civil cause of action for “[a]ny person injured in his business or property,” 18...more

Dorsey & Whitney LLP

The Supreme Court Update - April 2, 2025

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The Supreme Court of the United States issued two decisions today: FDA v. Wages and White Lion Investments, L.L.C., No. 23-1038: This case concerns the validity of the FDA’s denial of electronic cigarette manufacturers’...more

Bradley Arant Boult Cummings LLP

Alabama Appellate Court Appears Poised to Deliver Big Win for Cannabis Commission

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Longtime readers of Budding Trends (and there are dozens of you) know that I have been saying over and over recently that – as counterintuitive as it may sound – the fastest way to get Alabama’s medical cannabis program...more

Vicente LLP

Cannabis Rescheduling Hearings Postponed: How Did We Get Here and What Happens Next?

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The much-anticipated hearings on the proposed rulemaking to reschedule cannabis, which were scheduled to begin on January 21, have been postponed for at least three months as a result of an appeal granted by DEA...more

Bradley Arant Boult Cummings LLP

Never Get Out of This Maze? Or a Path Forward for Alabama’s Medical Cannabis Program?

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“The overhead view is of me in a maze.” I don’t know what it says about me that the great Trey Anastasio and Tom Marshall of Phish fame were able to encapsulate my feelings so neatly – and the feelings of so many...more

Seyfarth Shaw LLP

The Week in Weed: January 2025 # 3

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we give you an update on the DEA re-scheduling hearing. ...more

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

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While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Fisher Phillips

Top 10 Workplace Law Updates from November 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Perkins Coie

Cannabis Legal Report – September 2022

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Second Circuit Rules That Cannabis As a Schedule I Under CSA Is Constitutional - This August, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s ruling that the government’s classification of...more

Bass, Berry & Sims PLC

First Circuit Decision Could Disrupt Business Ownership in Cannabis Industry

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The First Circuit Court of Appeals recently released a published opinion that held that the Dormant Commerce Clause of the United States Constitution applies to cannabis laws and regulatory regimes. The cases are Northeast...more

Perkins Coie

First Circuit Strikes Down Maine Residency Requirement Under Dormant Commerce Clause

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On Wednesday, a U.S. Court of Appeals for the First Circuit panel applied the U.S. Constitution’s Dormant Commerce Clause (DCC) to the medical cannabis industry in a 2-1 decision, striking down local laws requiring state...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers

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Precedential Opinions of Note- Conviction for Drug Distribution Overturned for Lack of Proof Playground Was ‘Open to the Public’...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the Pennsylvania Human Relations Act Require Accommodation of Medical Marijuana Use? Not (For Now)

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In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical...more

Perkins Coie

Violation of Zoning Ordinance Limiting Medical Marijuana Cultivation Did Not Justify Seizure of Dispensary’s Medical Marijuana

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The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants...more

Sheppard Mullin Richter & Hampton LLP

County Zoning Ordinance Cannot be Used to Justify Property Seizure

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In Granny Purps v. County of Santa Cruz, the Sixth District Court of Appeal green-lit a medical cannabis cultivator’s ability to pursue damages – to the tune of potentially $3.5M – from the County of Santa Cruz when it...more

Jackson Lewis P.C.

Delaware Court Upholds Denial Of Workers’ Compensation Benefits For Medical Marijuana Costs

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The compensability of medical marijuana costs for a workers’ compensation claim turns on an individualized inquiry of whether such treatment is reasonable and necessary, and not whether the use of medical marijuana is...more

Ballard Spahr LLP

NJ Supreme Court: Employees Can Challenge Termination Decisions Based on Off-Duty Medical Marijuana Use

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Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Updates, Issue 4

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The 2020 Regular Session of the West Virginia Legislature just reached the 30th day, or its half way point. As of today, the House has introduced 1289 bills, while the Senate introduced 725. We will continue reporting on...more

Genova Burns LLC

NJ Appellate Division Clears Haze About Workers’ Compensation Prescribed Medical Marijuana

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On January 13, 2020, the Appellate Division ruled that medical marijuana may provide a reasonable and necessary form of treatment in workers’ compensation cases. In Hager v. M&K Construction, the Appellate Division affirmed a...more

Best Best & Krieger LLP

New Special Education Laws

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Part 2: California Laws Impacting Schools and School Districts for 2020 - Last year brought many changes to the legal landscape affecting educators. In this Best Best & Krieger LLP Legal Alert series, we look at some of...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

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In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against...more

Cozen O'Connor

NJ Court of Appeals OKs Reimbursement of Employee Medical Marijuana Costs

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In a case of first impression, a New Jersey Appellate Division panel ruled on Monday, January 13, 2020, that an employee’s costs to use medical marijuana to treat his chronic pain caused by an on-the-job injury can legally be...more

Littler

15 Key Developments in Canadian Labour & Employment Law in 2019

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Canada saw significant developments in labour and employment law in 2019.  As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more

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