The Blunt Truth

A blog chronicling the evolution and implementation of marijuana laws in the United States

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By: Seyfarth Shaw LLP

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Beginning our coverage in Texas, the city of Dallas will no longer be prosecuting low-level first time cannabis offenders.  And any pending cases will be dismissed. Moving on to Georgia, we have an update on our earlier coverage.  The Governor has signed a bill lifting the ban on medical marijuana cultivation. The news for proponents of medical…
Although New Mexico has had a medical marijuana law in place since 2007, it did not contain protections for job applicants and employees. However, all of that changed on April 4, 2019 when New Mexico Governor Grisham signed Senate Bill 406, which amends the Lynn and Erin Compassionate Use Act (the “Act”) to include changes that will impact New Mexico employers and their consideration and treatment of individuals using medical marijuana.…
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. The big news this week was the re-introduction of the STATES Act.  The bill would protect marijuana businesses and consumers in states where it is legal, and in what is a rarity in our increasingly partisan era, the legislation was introduced by a Democrat and a Republican in both the House and Senate.  In addition,…
While it has been a challenge for employers to keep up with the explosion of medical and recreational marijuana laws spreading across the nation, employers have taken some comfort in that most of these states still grant employers the right to maintain a drug-free workplace and take action against those who test positive for marijuana. Yet, the tide seems to be shifting, with more courts granting pot smokers certain rights and finding that employers are…
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Our weekly review starts in Georgia, where the governor is expected to sign a medical marijuana reform bill into law.  The law will allow grow houses and production facilities in the state, which will be heavily regulated. Moving up the East Coast, you will doubtless recall that last week, New Jersey did not legalize recreational cannabis. Now the…
The New Jersey Court of Appeals revived a funeral director’s medical marijuana discrimination suit in Wild v. Carriage Funeral Holdings, Inc., Case No. A-3072-17T3. There, the funeral director was involved in a workplace accident. The director told the hospital that he was authorized to use medical marijuana. The employer fired the funeral director. The funeral director’s supervisor told him it was because of his medical marijuana use but the employer stated that the director…
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. No news is big news this week, as New Jersey failed to pass legislation legalizing recreational marijuana.  You’re spoiled for choice when it comes to news coverage; see for example, here, here and here. It’s not just in New Jersey that setbacks to legalization happened this week.  In New York, all eyes have turned to…
As more states legalize medicinal and recreational marijuana use, the conversation about how to manage Driving Under the Influence (DUI) laws has become increasingly prevalent– in legal, law enforcement, prosecution, and government circles, amongst others.…
Welcome back to The Week in Weed, your Friday look at what’s happening the world of legalized marijuana. The big news comes from Florida this week, as lawmakers have ended a ban on smoking medical cannabis. Florida legalized medical marijuana in 2016, but the ban on smoking led to lawsuits.  Those are presumably now moot. Moving north to New Jersey, the legislature is expected to vote next week on legalizing recreational cannabis.  Needless to say,…
As cannabis growers and retailers struggle with the complex and onerous regulatory scheme governing California’s emerging legal marijuana marketplace, they may be excused for overlooking the requirements of California Safe Drinking Water and Toxic Enforcement Act of 1986—more commonly known as Proposition 65.  Neither the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), nor its implementing regulations, reference or suggest that cannabis growers or retailers are subject to Proposition 65.  Yet, Proposition 65…