Articles Tagged with marijuana attorney

A funeral director licensed to work in New Jersey has filed an employment lawsuit, alleging he was fired for her personal use of marijuana to help treat symptoms of cancer. smoke

According to NJ.com, the 39-year-old professional wrote in his complaint that he’d been prescribed medicinal marijuana after being diagnosed with cancer approximately two years ago. Two years before that, in 2013, he was hired to work as a funeral director, where he logged approximately 30 hours each week. By all accounts, he did the job well and had good reviews for customer satisfaction. But then, in the spring of 2015, his physician found a tumor on his spine. They removed it. Then, they found another one. That one was in too dangerous a location to be surgically removed. Other forms of treatment, including chemotherapy and radiation were ordered. To help ease some of those symptoms, including nausea and loss of appetite, doctors prescribed patient moderate doses of marijuana.

Plaintiff insists he never used the drug during working hours, using the substance only in the evenings. Further, he insists he was never high at work. However, one day in May 2016, plaintiff was on-the-job, driving his vehicle when he was involved in car accident. At the hospital emergency room, he revealed that he had a prescription for medical marijuana and he tested positive for the drug. However, he insisted he was not under the influence of the drug at the time of the collision. Continue reading

Measure M, a bill proposed by the City of Los Angeles that gives council the authority to regulate the local recreational and medical marijuana industries was overwhelmingly approved recently.marijuana bud

Measure M won over big in comparison to the votes garnered for another, Measure N, which was placed onto the ballot by a marijuana trade group that later swung its support behind the city’s proposal.

The bills were placed on the ballot in response to the November results in the state election that legalized marijuana for recreational purposes, beginning next year. Measure M gives the city the authority to repeal the current ban on medical marijuana dispensaries (Proposition D, passed in 2013), and replace it with updated rules that will regulate the varying kinds of marijuana businesses in Los Angeles. Additionally, the measure grants city leaders the power to enforce these rules, including imposition of fines, criminal penalties and loss of utilities like water and power for companies that flout city rules or try to operate unlicensed.  Continue reading

Over the course of the last year, a number of states have acquiesced to allow medical marijuana to be distributed for the treatment of post-traumatic stress disorder, or PTSD. army

For example:

  • The U.S. House of Representatives and the Senate voted on separate occasions to allow the Veterans Affairs office doctors to talk about medicinal marijuana with their patients as an alternative form of treatment if they suffer from PTSD.
  • In Ohio, PTSD was listed as one of the 20 conditions that qualified under the state’s medical marijuana law signed by the governor.
  • In Illinois (Cook County, to be specific), a judge ordered that the state’s department of health add PTSD as a condition that qualifies for medical marijuana.
  • In New Jersey, the state assembly passed a bill that qualified PTSD as a condition for which sufferers could obtain medical marijuana.
  • In Rhode Island, the governor signed a law listing PTSD as a condition that is debilitating for purposes of medical cannabis treatment.

In addition to all this, the results of the November election mean that 21 states plus Washington D.C. and Guam gave the green light for marijuana to be used to treat PTSD. However, not all states are on the same page about this.  Continue reading

U.S. Air Force policy has historically been extremely strict with its entry criteria. This is the agency that refused entry to those who suffered from eczema, Attention Deficit Hyperactivity Disorder *(ADHD) and prior marijuana use. airforce

Now, a number of those rules are being relaxed – including the one regarding previous use of cannabis. This coincides with the fact that a growing number of states allow marijuana as medicine and for adult recreation.

Of course, the Air Force will continue to maintain a zero tolerance policy with regard to service members using or smoking cannabis. However, the number of days/ weeks/ months since the marijuana use prior to service is no longer going to be a limiting factor. Additionally, the service is no longer going to ask potential recruits how long it has been since their last time using marijuana in the standardized questioning forms.  Continue reading

Lawmakers in Washington state are weighing a bill that would give parents of children prescribed medical marijuana the right to administer that medicine to their child at school. House Bill 1060 , which was filed Jan. 4th and from there referred to the Committee of Education, would also give parents the right to administer the medication on buses or at school-sponsored events. school

This would be a major victory for parents of children grappling with conditions that require medical marijuana. Some of these children have been diagnosed with conditions like autism and epilepsy, and marijuana has helped to reduce their symptoms, focus and possibly even participate in a class as any typical child would.

But of course, allowing children to use marijuana as medicine has long been a subject of controversy. It has grown increasingly accepted as there have been a number of anecdotal success stories, as well as studies that suggest children with autism, cancer, epilepsy and other conditions may have a better quality of life if they have access to marijuana therapy. In a lot of cases, it only requires a tiny amount of cannabis oil given over the duration of the day to have a substantial impact on the lives and futures of these children.  Continue reading

Every single month, there are more than 22 million Americans use marijuana, medicinal or recreational, in the 28 states plus the District of Colombia where it’s legal in some form. Last year, national sales of marijuana reached an estimated $7.1 billion – which is what they are expected to reach in California alone in 2018. marijuana

And yet, a new comprehensive report on the health effects of marijuana indicates that so much of the benefits – and real dangers – of the drug are unknown because, as researchers explain, the federal government has continuously blocked efforts to conduct research that would provide concrete – reliable – answers.

The study, conducted by the National Academies of Science, Engineering and Medicine, presents approximately 100 conclusions related to the health effects of cannabis and cannabinoid use. The report also makes a series of recommendations for agendas of government, health organizations and researchers to expand and/or improve the kinds of studies being conducted so the public will be adequately informed about their current and future health decisions.  Continue reading

Lawmakers in California are considering a measure that would prohibit the display of marijuana on state billboards along stretches of highway. billboard

As it now stands, there are a number of billboards that promote a variety of substances, from liquor to prescription medications – and yes, marijuana. But the marijuana industry is the only one being targeted by this effort.

According to the Sacramento Bee, Assembly Bill 64 would result in an amendment to the recently-passed Proposition 64, the state’s recreational marijuana bill, by implementing tighter restrictions for advertising of marijuana and related products. Proposition 64 allows anyone over the age of 21 to possess up to one ounce of marijuana and it also creates a framework for sales of recreational weed that will go into effect the first of 2018. The measure also prohibited advertisements of recreational marijuana along the interstate highways that cross the border into California. However, what it did not do was ban advertising of marijuana on any interstate or state highway. That’s what Assembly Bill 64 would do. Continue reading

There are a lot of reasons to make California a vacation destination. Now, the newest it seems is recreational cannabis. airplane

On the West Coast, we now have California, Washington, Colorado, Oregon and Nevada that allow recreational marijuana. The only other places allow it are Alaska, Washington D.C., Massachusetts and Maine. For people who live in all the states in between, most are limited to recreational marijuana access, if they have it at all. It’s anticipated that legal marijuana is going to be a major driver of tourism to these states in the coming years.

This has resulted in a number of ancillary cannabis businesses, including travel agencies booking “tours” of various dispensaries and must-see sites. Travel research company MMGY Global reports that while overall travel to California didn’t surge much right after the election, it did spike 23 percent when looking at just Millennials. It also increased notably among households that earned $100,000 or more – presumably because they had more discretionary income to spontaneously make that trip. But others could be planning a trip for the coming months or years.  Continue reading

It’s being called the “green rush.” Amid a series of pro-marijuana reforms set in motion by the November election, investors are scrambling to buy up stock in a variety of cannabis companies, which are part of an industry expected to cross the $25 billion threshold by 2021. brief case

Of course, not everyone is going to win out big in this, but there will be firms who succeed. Those that do will not take for granted sound legal advice needed to navigate an uncertain statutory landscape. Yes, there are state laws that now allow for both medicinal and recreational pot, but there are tight regulatory frameworks within those. Beyond that, while the federal Justice Department backed off its crackdown on marijuana dispensaries as of 2013, the drug remains a Schedule I narcotic, and the new U.S. attorney general is no fan of marijuana reform.

Still, investors see opportunity, particularly when they may not personally be directly involved in the actual cultivation, processing and distribution of the drug. Landlords and property owners may still be at risk, but they also stand to make substantial profits.  Continue reading

There was a time not very long ago that property owners were extremely wary of renting space to any type of marijuana business, for fear of running afoul of the federal government. Specifically, 18 U.S. Code Section 981 details the government’s authority to assert civil asset forfeiture. The law was drafted to allow the government to seize the massive assets acquired by drug kingpins. However, it was rarely used until marijuana became legal as medicine in California. At that point, federal prosecutors began going after property owners who allowed their site to be used by any marijuana operation – even if it complied with state law – because marijuana was (and still is) unlawful per federal statutes. warehouse

Today, it’s a much different legal landscape. Technically, prosecutors still have the authority to assert civil forfeiture, but the U.S. Justice Department under the previous presidential administration altered its policy in 2013, with a memo indicating that so long as operations were compliant with state laws, the federal government wouldn’t pursue them unless it had some special reason to do so (i.e., distribution of marijuana to minors, preventing sales revenue from being funneled to criminal enterprises and cartels and preventing dissemination of the drug to states where it isn’t legal).

This has motivated a growing number of real estate investors to dip their toes into the waters. The Portland Press-Herald in Maine recently reported real estate brokers are encountering increasing demand for industrial spaces that could be converted to indoor marijuana farms. News of this comes as Maine is on the verge of being yet another state to approve of recreational marijuana. California is in that same boat.  Continue reading