Recently, I had the opportunity to moderate panels on cannabis and commercial real estate at programs held in Los Angeles and Chicago.  I won’t say it was the best of times or the worst of times, but I will say “it was the age of wisdom; it was the age of foolishness.” It was interesting to compare the programs and the audiences in the two cities.  In Chicago, where medical marijuana has been legal…

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. It was a busy week for the states, as Virginia moved towards decriminalization.  The state House and Senate passed versions of a bill to decriminalize, which the governor is expected to sign. In Kentucky, support is growing for medical marijuana.  The state House Judiciary Committee passed a bill that would legalize medical cannabis.  The next stop…

In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination; and, alternatively, (b) an employee who claims to have been terminated for medical marijuana use authorized under the MMA can bring a claim of wrongful termination in violation of public policy.  This Pennsylvania court now joins courts in several other states, including…

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Following up on last week’s look at New Mexico, a cannabis legalization bill has passed the Senate Public Affairs committee.  Next step: the Senate Judiciary Committee. New York is also looking at legalization (again).  Just like true love, the course of cannabis in the Empire State is not running smooth, as the governor and the legislature are working…

If you are in the cannabis industry, you should already know Section 280E of the Internal Revenue Code.  It consists of only one sentence: No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and…

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty activities, like off-duty consumption of alcohol, extends to activities that are lawful under state law even if they are illegal under federal law (e.g., recreational or medical cannabis). Specifically, the bill proposes to amend the state’s lawful activities statute to make it…