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State and Local Government Department of Justice (DOJ) Marijuana

Vicente LLP

Native American Tribal Sovereignty and the Cannabis Industry

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Native American Tribal sovereignty and the budding cannabis industry have intersected in a unique way, giving rise to an evolving landscape. Exercising their inherent rights to self-governance, many Tribes are exploring and...more

Seyfarth Shaw LLP

The Week in Weed: September 2024

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. First, we have an update on the Missouri rules dealing with intoxicating hemp products. Then, we see the...more

Troutman Pepper Locke

Cannabis Rescheduling: Closing of the Comment Period and What Lies Ahead

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The proposed rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) marks a pivotal moment in the evolution of U.S. cannabis policy but may bring few practical changes to...more

Troutman Pepper Locke

The Impact of Cannabis Rescheduling on State Laws and Regulations: Insights From CANNRA

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In May, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking to transfer cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), a change that could significantly affect current...more

Bradley Arant Boult Cummings LLP

DOJ Just Said the Quiet Part Out Loud in Massachusetts Cannabis Case

It turns out that if you want to know the Department of Justice’s policy on marijuana enforcement, you just have to sue them. In a remarkably candid showing of the DOJ’s current policy concerning marijuana enforcement,...more

Seyfarth Shaw LLP

The Week in Weed: April 2024

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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, Virginia Governor Youngkin took action on the retail market bill. The Florida Supreme Court handed down...more

Perkins Coie

It’s Game Time for Cannabis Reform

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March has been a big month for cannabis reform and the $40 billion state-regulated marketplace. President Biden mentioned cannabis reform and his administration’s efforts to reschedule the substance in his State of the...more

Troutman Pepper Locke

How Cannabis Cos. Are Adapting in Shifting Bankruptcy Arena

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Although the possession and sale of cannabis remain federally illegal under the Controlled Substances Act, the U.S. Department of Justice has largely exercised a general policy of nonprosecution for state-regulated cannabis...more

Troutman Pepper Locke

Lawsuit Highlights the Complexity of Regulating the Intrastate Use of Marijuana

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One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...more

Troutman Pepper Locke

Georgia’s Medical Marijuana Program: DEA Busts the Low-Dose THC Party Before It Starts

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Despite the federal ban on the sale, use, and possession of cannabis in the U.S., in October, Georgia became the first U.S. state to allow pharmacies to sell low-dose tetrahydrocannabinol (THC) products. Pursuant to statutes...more

Benesch

Cannabis Industry Quarterly Update: Q2 2023

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There Has Been Little Movement in Federal Legalization. This has led to cannabis investors and companies to downgrade expectations for federal legalization and focus their strategies on state reform. Federal lawmakers...more

Perkins Coie

Cannabis Legal Report - March 2023 #2

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Attorney General Garland Testifies Before Senate Judiciary Committee - U.S. Attorney General Garland testified before the Senate Judiciary Committee on March 1, 2023. In response to a question from Sen. Cory Booker (D-NJ),...more

Perkins Coie

Cannabis Legal Report - July 2022

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Florida Lawsuit Challenges Federal Regulations Regarding Firearm Purchases for Medical Cannabis Patients - Following a recent Supreme Court ruling, the Department of Justice (DOJ) has asked for more time to respond to a...more

Bradley Arant Boult Cummings LLP

Attorney General Garland Reconfirms the DOJ’s Hands-Off Approach Toward Federal Marijuana Prosecution

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

Jackson Lewis P.C.

Medical Marijuana Expenses Held Reimbursable In New Jersey Workers’ Compensation Case

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The New Jersey Supreme Court ruled that an employer and its workers’ compensation carrier must reimburse an injured worker for his medical marijuana expenses. Hager v. M&K Construction, 2021 N.J. LEXIS 332 (N.J. April 13,...more

Foley Hoag LLP - Cannabis and the Law

Merrick Garland Signals New Stance on Marijuana Policy if Confirmed as Attorney General

Prior to his Judiciary Committee confirmation hearing last week, Judge Merrick Garland had not clarified his views on marijuana policy and how he would approach the issue if confirmed as Attorney General. However, after his...more

Stinson LLP

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

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In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

Steptoe & Johnson PLLC

Historic Vote in Congress Aims to Protect State Cannabis Programs

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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

Cozen O'Connor

The State AG Report Weekly Update February 2019 #1

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Cannabis/Marijuana- Vermont Attorney General Supports Bill Legalizing Cannabis Production and Sales- Vermont AG TJ Donovan testified before the state Senate Judiciary Committee in support of a bill that would legalize...more

Davis Wright Tremaine LLP

AG Nominee Barr Indicates DOJ Will Continue ‘Hands-Off’ Approach to State-Legal Cannabis Under His Leadership

Since President Trump assumed office in January 2016, there has been substantial concern that the Department of Justice would take a harder line on state-legal cannabis than DOJ’s relatively tolerant approach during the Obama...more

Kelley Drye & Warren LLP

Let The People Decide: President Trump Expresses Support for Bill To Protect State Regulation of Marijuana

Earlier this week, U.S. Senators Cory Gardner (R-Colo.) and Elizabeth Warren (D-Mass.) and U.S. Representatives David Joyce (R-Ohio) and Earl Blumenauer (D-Ore.) introduced the bicameral, bipartisan Strengthening the Tenth...more

Williams Mullen

Is Marijuana “Legal” Now? The Cannabis Industry and Your Risk

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As more states join the majority, regulating some form of medical or recreational marijuana, the federal government’s position remains unchanged. Under federal law, it remains illegal to cultivate, process, distribute or...more

Farrell Fritz, P.C.

Ethical Considerations For Attorneys in Light of the Rescission of the Cole Memorandum

Farrell Fritz, P.C. on

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

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

Attorney General Jeff Sessions Reverses Course on Marijuana Enforcement

On January 4, 2018, Attorney General Jeff Sessions reversed the Department of Justice’s (DOJ) position on enforcement of federal marijuana laws. Under the Obama administration, the DOJ adopted a hands-off approach to...more

Best Best & Krieger LLP

New Fed Cannabis Policy Hits California Local Government - Potential Fiscal Impacts and Confusion

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

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