Tag Archives: marijuana

ILN Today Post

The Tip of the Spear Piercing the Regulated Cannabis Industry: How Intoxicating Hemp Cannabinoids and the Illicit Market Pose Significant Challenges to the Emerging Industry

Cannabis Business Executive (CBE), April 18, 2022

Consumer demand and public support for cannabis legalization has led to sweeping reform across the Country. Unfortunately, this appetite combined with a lack of access to regulated marijuana has perpetuated both a robust and unregulated illicit marijuana market, and an unregulated hemp industry where intoxicating hemp-derived cannabinoids like Delta-8 THC, Delta-9 THC, THC-O and HHC are freely sold directly to consumers. In states like New York, New Jersey and Connecticut that are on the cusp of opening their doors to adult-use programs, and in California, the first state to enact cannabis laws, these unregulated marketplaces thrive, accounting for a large majority of cannabis sales. Such unchecked illicit activity, if permitted to continue, will be the tip of the spear piercing and undermining the regulated cannabis industry.

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Home-grown cannabis any time soon?

By Benoît Chartier, from our Insurance Law Practice Group.

On September 3, 2019, approximately one year after the legalization of recreational cannabis in Canada, the Quebec Superior Court declared the provisions of the Quebec law governing cannabis that prohibited possession and production of cannabis plants in the province, unconstitutional (Murray Hall c. Procureure générale du Québec, 2019 QCCS 3664). This decision could have serious impact for insurers or landlords, among others.

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New York State Decriminalizes Possession of Marijuana

Following an effort in the state legislature to legalize recreational marijuana, on July 29, 2019, Governor Andrew Cuomo signed S.6579A/A.8420 (the “Law”), a law decriminalizing marijuana possession in New York State. The Law will take effect on August 28, 2019. The Law expunges many past convictions for marijuana use and reduces the penalty for possession of small amounts (less than two ounces) of the drug from a misdemeanor to a violation.

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Hawaii Decriminalizes Possession of Small Amounts of Marijuana

 

 

 

 

On July 9, 2019, Hawaii became the 26th state to decriminalize possession of small amounts of marijuana. HB 1383 (the “Law”), which became law when Governor David Ige allowed the veto deadline to pass without signing or striking down the bill, decriminalizes the possession of up to three grams of marijuana. It will go into effect on January 11, 2020.

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Employer Insights: Recreational Marijuana in Illinois

On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Cannabis Act”).  Under the Cannabis Act, Illinois residents over 21 years of age may legally possess 30 grams of marijuana flower and five grams of marijuana concentrate for their personal use, starting January 1, 2020.  The 610-page Cannabis Act also provides the most extensive workplace protections for employers of any marijuana legalization statute around the country. Indeed, the Illinois General Assembly declares at the beginning of the Cannabis Act that “employee workplace safety shall not be diminished and employer workplace policies shall be interpreted broadly to protect employee safety.”  Illinois Governor J.B. Pritzker is expected to sign the legislation this month.

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Pre-Employment Drug Testing to be Banned Under New NYC Bill

Our colleagues 

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Pre-Employment Drug Testing to be Banned Under New NYC Bill

Our colleagues 

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CANNABIS AND CANADA

Recreational cannabis became legal in Canada under the Canadian Cannabis Act on October 17, 2018 and sales have begun. Prior thereto, only medical marijuana was available in Canada.

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Can Inventions Related to Cannabis be Protected?

 

 

 

 

 

 

 

 

 

Suppose that you want to obtain a patent for an invention related to your cannabis business.  What if the invention is a device for extracting oils, an ornamental design for a new vaporizer, or a new breed of cannabis plant?  Should you attempt to patent your invention with the U.S. Patent and Trademark Office?  Can you obtain a patent from the U.S. Patent and Trademark Office?  The answer is YES! if the invention meets certain conditions for patentability.

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ILN Today Post

Tax revenues from marijuana legalization in jeopardy, but states continue to legalize

According to a Jan. 5, 2018 Pew Research Center survey, as of last October, 61 percent of Americans support the legalization of marijuana. This is up a bit from a year ago, when that figure was 57 percent, but almost double what it was in 2000, 31 percent.

The Pew survey found that support varies widely between different groups. For example, millennials (born between 1980-1994), Gen-Xers (born between 1965-1979), and baby boomers (born between 1946-1964) support legalization at rates of 70 percent, 66 percent and 56 percent respectively. In contrast, 58 percent of the silent generation, those born between mid- 1925 and 1945, oppose legalization, while only 35 percent favor it.

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