The Ohio medical marijuana industry is ready to go live, with most of the pieces in place to complete the regulatory structure passed by the Ohio General Assembly in September of 2016. However, like the medical marijuana industry in general, the Ohio market will have a difficult time accessing banking services. This is because while
Marijuana Law and Policy
Cannabis Cultivator Prevails in Landmark Civil RICO Trial
Last week, a closely-watched trial involving a Colorado cannabis cultivator sued by a neighbor ended with a jury finding in the cultivator’s favor. In Reilly v. 6480 Pickney, LLC, the Reillys complained that their property’s value had decreased due to odor emitted from the cultivator’s property (an unfortunate, if not new…
Cole Memo and Other Marijuana-Related Enforcement Guidance Rescinded by the Department of Justice Creating Greater Uncertainty for State-Legal Marijuana Businesses
On January 4, 2018 the Department of Justice rescinded Obama-era guidance to United States Attorneys, including the 2013 memorandum issued by then-Deputy Attorney General James Cole, calling previous guidance “unnecessary” in light of general principles governing federal prosecutorial discretion. Up until this point, the 2013 Cole Memo was widely viewed as the biggest reason…
Growing Season is Near
Today, the Ohio Department of Commerce announced the 12 Level I medical marijuana cultivator provisional license recipients (with one recipient having a possibility of choosing from two different locations) and the 12th recipient of the Level II cultivator provisional license.
In awarding the medical marijuana cultivator licenses, the Department appears to have placed a…
NFL Approving of Marijuana?
Two recent events serve as continuing examples of how attitudes towards marijuana are changing in the U.S. The National Football League (“NFL”), which strictly enforces its drug policies, may be changing its mind on medical marijuana. The NFL Players Association (“NFLPA”) has already been working on its own study for the potential use of medical…
Ohio Medical Marijuana Law Already Causing Confusion
The time between “legalization” and implementation seems to have caused confusion about the current use of medical marijuana in Ohio. HB 523 became “law” on September 28, 2016. Regulations for cultivators are set to be finalized by May 6, 2017. Regulations for physicians, testing laboratories, processors, patients, caregivers, employees, and dispensaries are scheduled to be…
Marijuana Law & Policy Webinar
If you are interested in additional details surrounding the legalization of medical marijuana in Ohio, join Crain’s Cleveland Business for a webinar on Tuesday, January 10 from Noon-1pm EST.
Blowin’ in the Wind
President-elect Donald Trump has nominated Senator Jeff Sessions from Alabama as the new Attorney General. Senator Sessions has previously expressed his opposition to the legalization of marijuana. Therefore, it seems that the Cole Memo may be revisited. The Cole Memo is a major reason why marijuana continues to be legal medically and/or recreationally in 29…
The Ball Keeps Rolling
Marijuana ballot initiatives passed in seven out of nine states on November 8, 2016. California, Massachusetts, and Nevada, states where medical marijuana is already legal, passed ballot initiatives to legalize recreational marijuana. A similar initiative in Arizona failed. Maine’s effort to expand beyond medicinal to legalize recreational marijuana is still too close to call. Arkansas,…
Marijuana Legalization Ballot Update
As the November 8, 2016 election deadline looms, marijuana legalization in one form or another is on the ballot in nine states throughout the nation. Seven states seek to expand what is already legal and two states seek to enter the medical marijuana field. Below is a list of what is on the ballot and…