In the Weeds – Cannabis Law blog

https://cannabislaw.foxrothschild.com/

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

  • 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
  • Reminder: “Self-Prescribed” Marijuana is not “Legal” in Medical Marijuana States A recent case out of Pennsylvania serves as a good reminder that even in states where medical marijuana is legal, individuals cannot “self-prescribe” and then seek to claim protections that might be available to properly registered medical marijuana users. In this case, the employee applied for and was granted leave under the Family Medical Leave Act (FMLA) in order to undergo and recover from foot surgery. Several months after returning from leave, the employee was selected for a random drug test... More
  • Fox Attorneys Present: Employment Compliance in the Age of Legalized Marijuana On January 15, 2019, Fox Rothschild attorneys Josh Horn and Joseph McNelis will present Employment Compliance in the Age of Legalized Marijuana to the Greater Valley Forge HR Association in King of Prussia, PA. The presentation will discuss the challenges Pennsylvania employers 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 (particularly the Pennsylvania Medical Marijuana Act), discuss specific aspects of the employment relationship affected by the... More