In the Weeds – Cannabis Law blog

Joe is a frequent contributor to In the Weeds, a blog that aims to help keep today’s cannabis entrepreneur well-informed.

Recent Blog Posts

  • Promising Federal Legislation Could Give Protection to Cannabis Businesses Few things are as bi-partisan as constructing a snazzy acronym for federal legislation, and Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) did not disappoint with the “Strengthening the Tenth Amendment Through Entrusting States Act”  (“STATES Act”). As its name suggest, the goal of the STATES Act is to protect regulated cannabis businesses and users in states where cannabis has been legalized by amending the Controlled Substances Act. Copyright: mesutdogan / 123RF The Controlled Substances Act, 21 U.S.C. §§ 801, et seq. (“CSA”) is... More
  • U.S. Attorneys React to New Marijuana Enforcement Guidance from Attorney General As part of his recent guidance regarding federal Marijuana Enforcement, U.S. Attorney General Jeff Sessions indicated he would place more discretion in the hands of individual federal prosecutors in enforcing the Controlled Substances Act. As we noted in our initial analysis of this decision, businesses would be wise to gain an understanding of the serving U.S. Attorney in their federal district, and whether he or she has made any statements regarding their position on medical or recreational cannabis. Copyright: jirkaejc / 123RF... More
  • Fox Attorneys Provide Analysis on Cannabis Policy Announcement From U.S. Attorney General Last Thursday, Attorney General Jeff Sessions issued a policy Memo regarding Marijuana Enforcement that effectively rescinded the 2013 “Cole Memo” guidance, which endorsed a more “hands off” approach in states where marijuana had been legalized. The January 4, 2018 Memo instructed that with regard to marijuana-related enforcement actions, federal prosecutors should “follow well-established principles that govern all federal prosecutions.” Copyright: jirkaejc / 123RF Stock Photo This announcement has important implications for licensed cannabis businesses across the country, and attorneys from Fox Rothschild’s Cannabis... More
  • Massachusetts Cannabis Control Commission Releases Draft Regulations for Recreational Cannabis Program On January 21, 2017, the Massachusetts Cannabis Control Commission announced that it had approved the first draft of Regulations which will govern the state’s recreational cannabis program, referred to as the “Adult Use of Marijuana Industry.” Copyright: epicstockmedia / 123RF Stock Photo These draft Regulations propose 8 different license categories (including Cultivator, Manufacturing, Retail, and Research), establish a robust application process, and set forth detailed requirements for the operation of each type of cannabis-related business. The Regulations can be viewed here. The Cannabis Control... More
  • Fox Attorneys to Speak at “Marijuana in the Workplace” Event A hot-button issue for attorneys and business alike is how the implementation of Pennsylvania’s Medical Marijuana Program will affect the workplace. My colleague Josh Horn and I will be serving on a panel to discuss this topic next week! Copyright: jirkaejc / 123RF Stock Photo   The event, “Impact of Legalized Marijuana in the Workplace” will be hosted by the Philadelphia Labor and Employment Relations Association and the Philadelphia Bar Association Employment Law Committee. It will take place on Tuesday, November 14, 2017... More
  • Josh Horn to Speak at “Next Steps for Medical Marijuana” Event Pennsylvania’s Medical Marijuana Program is in full swing. Since permits were issued this summer, the successful grower/processor and dispensary applicants have been working to become operational, and all accounts point to Spring 2018 as the date when patients will be able to receive and use medical cannabis. The launch and continuation of the Program bring many legal questions and challenges for businesses, patients, doctors, and lawyers alike. On Wednesday, October 18, 2017, Fox Rothschild’s Josh Horn, Partner in Philadelphia and Co-Chair... More
  • Fox’s Bill Bogot to Speak on Marijuana Legalization at the International Association of Gaming Advisors Best Practices Institute Bill Bogot, a partner in Fox Rothschild’s Chicago office and Co-Chair of the firm’s Cannabis Practice Group, will moderate a panel entitled, “The Highs and Lows of Marijuana Legalization” as part of the International Association of Gaming Advisors Best Practices Institute. The event will take place on Monday, October 2, 2017 at the Sands Convention Center in Las Vegas, NV. Copyright: rabbit75123 / 123RF  The panel will confront the intersection between legalized marijuana and the gaming industry, with a particular focus on... More
  • Fox Rothschild’s Cannabis Law Practice Featured in Philadelphia Inquirer Today, the Philadelphia Inquirer published an excellent piece about local law firms that have embraced the legal cannabis industry, despite some of the risks and uncertainty inherent in the business for both lawyers and entrepreneurs. The article explains how important lawyers are for emerging cannabis businesses, and showcases some of the firms on the forefront of Pennsylvania’s budding industry. “Lawyers bullish on cannabis despite risk” discusses Fox Rothschild’s cannabis practice and quotes my colleague Josh Horn, Co-Chair of our practice group.... More
  • Update on Pennsylvania’s Medical Marijuana Practitioner Registry A few weeks ago, I blogged about the establishment of the Pennsylvania Medical Marijuana Program’s Practitioner Registry. As I noted there, having doctors registered and approved to certify patients as medical marijuana cardholders is critical for the success of Pennsylvania’s program. In the Department of Health’s Press Release announcing the Registry, the DOH noted that it surveyed close to 200 doctors, and 75% of them indicated they would register for the Program. According to Dr. Rachel Levine, Pennsylvania’s Physician General and the Acting... More
  • Pennsylvania Announces Practitioner Registry for Medical Marijuana Program In a July 26, 2017 Press Release, the Pennsylvania Department of Health announced the opening of its Practitioner Registry. This marks the next critical step in implementing Pennsylvania’s Medical Marijuana Program, which the DOH expects to be fully operational by 2018. Physicians can find out more about the Medical Marijuana Program here and complete the Registry here. Copyright: megaflopp / 123RF Stock Photo Last month, the DOH released final Regulations for Physicians and is now officially soliciting doctors to participate in the program.... More