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

  • USDA Releases Interim Hemp Production Regulations In December 2018, Congress passed the 2018 Farm Bill. While Congressional passage of the “Farm Bill” is a relatively regular occurrence, the latest iteration had big implications for the Hemp Industry, because of a provision of the bill which removed hemp from the definition of “marijuana” under the Controlled Substances Act. While this opened up the market for US-based hemp producers, many questions still remained about federal regulation of hemp and the hemp industry. After several months of waiting, the United States... More
  • CA Cannabis Companies With 20+ Employees Must Certify They Have “Labor Peace” Over at Fox Rothschild’s California Employment Law Blog, my colleague Jeff Polsky wrote about a new law requiring California cannabis companies with 20+ employees to enter into a “labor peace agreement” with a “bona fide labor organization.” Jeff is co-chair of the Fox Rothschild’s Labor and Employment Department, and frequently writes and speaks about developing legal issues and challenges affecting California employers. To learn about the implications of the California cannabis “labor peace” requirement (which goes into effect on January 1, 2020), read... More
  • Pennsylvania Adds Anxiety & Tourette Syndrome as “Serious Medical Conditions” under the PA Medical Marijuana Act Back in May, I blogged about a recommendation from the Pennsylvania Medical Marijuana Advisory Board to add Anxiety and Tourette Syndrome as “serious medical conditions” covered under the Pennsylvania Medical Marijuana Act. At the time, the Department of Health (DOH) stated a decision on whether to formally approve this recommendation would be made by this Summer, and the Department kept this deadline. On July 11, 2019, the Secretary of DOH, Dr. Rachel Levine, announced that the two will be approved as... More
  • Pennsylvania Medical Marijuana Advisory Board Discusses Addition of Qualifying Medical Conditions The Pennsylvania Medical Marijuana Act was signed into law in April 2016, and the state’s medical marijuana program was fully operational by early 2018. The law provides that Pennsylvania’s program shall be run by a Director of Medical Marijuana, who is supported by a 15-member Advisory Board. The purpose of the Medical Marijuana Advisory Board is to monitor the progress of the medical marijuana program and those of other states, accept comments from the public and industry stakeholders, and to periodically... More
  • Fox Attorneys Present: Implications of Medical Marijuana in the Workplace (April 1, 2019) On April 1, 2019, Fox Rothschild attorneys Josh Horn and Joseph McNelis will present Implications of Medical Marijuana in the Workplace, a live webinar, in conjunction with Lorman Education Services. The presentation will discuss the challenges employers across the country face given the dichotomy between state and federal laws governing cannabis. Josh and Joe will will provide an overview of federal and state marijuana laws, discuss specific aspects of the employment relationship affected by the legalization of marijuana, and offer practical guidance for... More
  • Fox Attorneys to Present at the 2019 Pennsylvania Medical Marijuana and Hemp Law Symposium On March 22, 2019, the Pennsylvania Bar Institute will hold its second annual Medical Marijuana & Hemp Law Symposium, a full-day interactive event that will touch on all aspects of the emerging cannabis industry in Pennsylvania. Speakers will include attorneys, government officials, doctors, and other experts in the industry, and the Symposium will feature Fox Rothschild attorneys Josh Horn and Joseph McNelis. The Symposium will be held live in Philadelphia, simulcast to 18 locations around Pennsylvania, and offered in a webcast. Josh... More
  • Pennsylvania Medical Marijuana – Challenges and Opportunities in the Workplace Although cannabis is illegal under federal law, at least 30 states and the District of Columbia have legalized cannabis for medical use and ten states, as well as D.C., have legalized it for recreational use—a dichotomy that presents a unique and complex challenge for employers. Fox Rothschild’s Cannabis Law and Employment Law attorneys have been on the forefront of these issues in multiple states, particularly in Pennsylvania. Check out our latest thoughts and practical tips for employers in Pennsylvania (and elsewhere)... More
  • USDA to Hold “Listening Session” to Discuss New Hemp Regulations Late last year, Congress passed the Agriculture Improvement Act of 2018 (the “Farm Bill”). While the passage of a Farm Bill is a common occurrence for Congress, the 2018 version is significant because it removes hemp from the list of controlled substances, leading many (including us!) to project a boom in the U.S. Hemp Industry. More recent developments have given some in the industry pause, including a December 20, 2018 Statement from the Commissioner of the Food and Drug Administration making clear... More
  • Tenth Circuit: No Fifth Amendment Defense to the Application of Section 280E Jennifer Benda, a Partner in Fox’s Denver, CO office, is an experienced tax attorney who handles tax controversy and income tax planning and compliance matters. She has significant experience assisting companies in the cannabis industry with tax planning, transactional matters, IRS examinations, and other tax compliance matters. Over at Fox Rothschild’s Tax Controversy and Financial Crimes Report Blog, Jennifer provides analysis on a recent decision from the Tenth Circuit Court of Appeals concerning the type of evidence cannabis businesses need to... More
  • Fox Rothschild’s Cannabis Practice Recognized by Chambers USA Chambers USA researches and compiles a list each year of the country’s top lawyers and law firms. This year, Fox Rothschild’s Cannabis Practice Group and 3 of its attorneys made the list! The firm was included in the 2019 Chambers USA guide for Cannabis Law, as were three of its attorneys: Jennifer Benda, Joshua Horn, and Matthew Kittay. Jennifer Benda, a Partner in Fox’s Denver, CO office, is an experienced tax attorney who handles tax controversy and income tax planning and compliance matters.... More