Laws In USA: December 2017

At 3:30pm PST today, Sen. Ron Wyden will become the first US Senate Co-Sponsor of Sen. Cory Booker’s Marijuana Justice Act (“MJA”). We’ve discussed the content of the MJA before here and as we stated in the Portland Mercury, “Booker’s Marijuana Justice Act is remarkable in its scope. Not only would it remove marijuana and tetrahydrocannabinols (THC) from Schedule I classification, it would remove the federal criminal prohibition on the import and export of cannabis. It would also withhold federal money for the construction of prisons or jails from any state that has discriminatory (race or income) arrest and incarceration rates for cannabis offenses. Such states would also see up to a 10 percent reduction in federal funding for a broad array of crime fighting efforts. These funds would instead be directed into a community reinvestment fund that would go towards communities devastated by the drug war. Finally, and perhaps most ambitiously, it would expunge all old cannabis convictions, and anyone currently imprisoned on federal cannabis charges would have the right to a new sentencing hearing. The hearing judge would have authority to impose a modified sentence as if the Marijuana Justice Act was in effect on the date of the crime.”

Sen. Wyden’s statement on the MJA will be screened live on Sen. Booker’s Facebook page at 3:30pm today.

source https://www.cannalawblog.com/breaking-sen-ron-wyden-d-or-becomes-first-co-sponsor-of-marijuana-justice-act/

TODAY: Free Webinar on California Cannabis Licensing and Compliance

Sunday, December 17, 2017

California’s LATEST Cannabis Tax Regulation – No Free Lunch

Saturday, December 16, 2017

They Said It On Marijuana, Quotable Saturday, Part CLXXXVI

Former Attorney General Gonzales is right; regardless of one’s opinion about cannabis (and we all know how the current administration feels about cannabis!), it simply does not make sense to spend time and resources prosecuting state-legal cannabis businesses. Our country has too much on its plate to waste time and money prosecuting businesses that work hard to comply with state law and that have already been operating successfully for years without issue. Didn’t we learn this from prohibition?

Do you agree?

source https://www.cannalawblog.com/they-said-it-on-marijuana-quotable-saturday-part-clxxxvi/

Friday, December 15, 2017

New Oregon Labor and Employment Laws your Cannabis Business Should Know

Oregon Cannabis Labor Laws The Oregon legislature enacted several significant labor and employment laws in 2017. Some of the laws have already gone into effect while others will become effective as of January 2018. This post discusses several of the new laws that will likely impact your cannabis business.

OSHA Penalties for violations increasing

Senate Bill 92 allows the Oregon Department of Consumer and Business Services (DCBS) to increase civil penalties for any violation of the Oregon Occupational Safety and Health Act. The act removes the previous $7,000 cap on serious violations and repeat or willful violations. DCBS can assess a civil penalty up to the maximum penalties allowed under federal OSHA. This means, every time federal OSHA civil penalties increase, DCBS has the power to assess those same penalties without state-level legislation or rule changes. Review your workplace safety standards to ensure your cannabis business is compliant with Oregon OSHA before January 1, 2018, or you could face hefty penalties.

Oregon Paid Sick Leave

Oregon passed a comprehensive paid sick leave act in 2015. The act was confusing and employers found it difficult to apply. In 2017, the Oregon Legislature amended the 2015 act to clarify accrual requirements. For more information on the Oregon paid sick leave act, check out our blog post on that here.

Changes to EITC Notices

In 2017 the Oregon Legislature passed Senate Bill 398 requiring employers issue Earned Income Tax Credit (EITC) notices. Employers are required to provide a written annual notice to each employee about state and federal EITC. The notice must be sent by regular mail or e-mail, contemporaneously with federal form W-2. BOLI issued template notice language is available here.

Fair Work Week Act

The Fair Work Week Act only applies to retail, food service, and hospitality employers with 500 or more employees worldwide. If you are one of the few cannabis businesses to which this applies, you must:

Provide good faith estimates of your employees’ work schedules seven days in advanced
Provide predictability pay when schedules change
Provide a right to rest between shifts
And provide extra compensation for hours worked when there has been fewer than 10 hours between shifts.

Pay Equity Act

The Pay Equity Act went into effect on October 6, 2017. This act extends equal pay protections to people in protected classes, including race, color, religion, sex, sexual orientation, national origin, marital status, disability, age, and veteran status. The Pay Equity Act is sweeping legislation that could negatively impact your cannabis business if you aren’t compliant. For more information about how to comply with this act, see our blog post here.

False Employment Records

It may seem obvious, but don’t falsify employment records and don’t force employees to do so on your behalf. Beginning January 1, 2018, employees have a private right of action if they are compelled, coerced, or otherwise induced by their employer to create, file or sign wage and hour documents the employer knew to have been false.

source https://www.cannalawblog.com/new-oregon-labor-and-employment-laws-your-cannabis-business-should-know/

Oregon Will Make it Easier to Find Cannabis Business Owners

Thursday, December 14, 2017

Marijuana Franchises Revisited

TODAY: Webinar on Rights and Responsibilities of Municipalities Regulating Cannabis

Please join us today from 12 pm to 1:15 pm Pacific for a webinar on the rights, opportunities, and responsibilities of California municipalities regulating cannabis. The webinar will feature Brad Rowe of BOTEC Analysis, a drug and crime policy research and consulting firm, and Hilary Bricken of our LA office, who will present on the information, data, and legal and policy considerations local governments need regarding MAUCRSA and their ability to regulate or ban cannabis.

Topics covered during the webinar include:

How can municipalities balance cultivation, production, sales and use restrictions while staying eligible for funding under MAUCRSA?
What can local governments expect from MAUCRSA funding long term? How and when does MAUCRSA money sunset, and who will be affected?
What are realistic and lawful municipal cannabis tax policies? What groups would be affected and how?
What might taxing by THC content look like? What groups would be affected and how?
How can market measurements help localities model tax revenues and assist in locating dispensaries?
What are the opportunities for communities that have enacted a ban and plan to reverse it down the road?
How can cities leverage unionized cannabis workers (see LA) to create a credit union and a pool of money to support small and minority-owned business?
What are current banking options for operators?
What are the policy considerations of allowing only medicinal versus recreational and what have we learned from other states and local governments about this?
How should municipalities value and reward existing operators without being overly protectionist?
What are the mechanisms for municipalities to communicate effectively with each other and with the state in an environment of ever-changing regulations?

Brad and Hilary will address audience questions both during and at the end of the webinar.

Local governments in California are squarely in charge of who gets to participate under MAUCRSA; they are on the front lines of policing operators while balancing communal impact and concerns. As such, don’t miss this webinar to better educate yourself on the range of policy and tax choices and regulatory and legal oversight mechanisms available to local governments under MAUCRSA. To register, please go here.

source https://www.cannalawblog.com/today-webinar-on-rights-and-responsibilities-of-municipalities-regulating-cannabis/

Tuesday, December 12, 2017

FREE Webinar on What You Need to Know Now to Get Your California Cannabis License on January 1: December 18, Starting at Noon

Monday, December 11, 2017

What Makes Blockchain So Special? And Why Does it Matter (So Much) for Cannabis

Consolidation, Connection and Automation Differentiate Blockchain from Current Technologies

Following my last post about blockchain technology and the cannabis industry, a Canna Law Blog reader commented, “[m]aybe I’m missing something. How is this better than just scanning a barcode when the item changes hands like they do with FedEx?”

Great question. I asked similar questions early on in my work with blockchain technology. What differentiates blockchain from applications like DocuSign, DropBox and Google Drive which already provide a shared, instantaneous and relatively secure system.

Among other things, blockchain connects these isolated applications and consolidates them into one place — enabling faster, more secure, automated transactions. A barcode scan by FedEx is a single event trapped in the FedEx system. When shipping an item, FedEx, the shipper and the recipient can track the package by entering the tracking number on FedEx’s website. Blockchain, on the other hand, reveals all of the steps to all of the parties with permission to view the chain, such as the manufacturer, its suppliers, the seller, the various warehouses and intermediate sales channels (e.g., Amazon’s distributed sales network), the carrier (FedEx), the recipient, any inspectors at stages along the way, the paying bank, the receiving bank, the government taxing and other authorities. All are all linked. In a non-blockchain system, all of the various participants work on their own independent systems, which are arguably insecure and not linked into one, single, immutable ledger.

The FedEx scanning is, as you can see, only one small step in a larger chain of events and participants.

FedEx Scanning and Tracking Does Not Create Self-Executing Smart Contracts

In addition to the linking of participant networks as described above, blockchain technology can also be used to create self-executing “smart contracts,” where automatic and instantaneous responses are triggered by certain pre-defined events. Participants in a smart contract, for example, should get paid at the right time without the need for anyone to issue an invoice, receive an invoice, write a check, make a wire transfer, or execute a credit card transaction. Payment triggers would be written as code into the blockchain. According to Accenture, investment banks alone could save up to $12 billion per year by adopting blockchain and smart contracts. Gartner has estimated that by 2022, defined impact smart contracts will be in use by more than 25% of global organizations.

DocuSign is similarly just one small piece in a larger chain of events and participants. In a blockchain setting, a law firm would not be required to issue an invoice or to continually bug a client about paying a retainer as it would happen automatically. Submitting the engagement document to the blockchain with a digital signature would trigger a series of events. One event would be payment to the firm. The digital signature would be an authorization to the client’s bank to pay the bill automatically, with no additional approval needed from the client. If the payment is subject to conditions, then the “smart contract” would set out those conditions and the method for proving fulfillment. When fulfilled, the payment would be made. Consider the amount of time and friction that would save for a small entity. Then consider the amount of time and friction it would save for a large company and the economy as a whole.

Same with a DropBox type program. Once a document is accepted into a blockchain ledger, it does not just sit there inert as it does in DropBox. The entry into the ledger would trigger other actions: payment of a bill, issuance of a deed or registration of a deed of trust. Isolated transactions would be linked into the chain. If there is no need for this chain, e.g. if no network of participants exists, then blockchain is not required and the dead letter box of DropBox would be adequate.

The Downsides – Implementation Costs, Loss of Privacy and Intrusive Government Surveillance

Blockchain reduces time and friction, but what about the time and friction required to create a blockchain program, adapt old records into the system, program smart contracts with highly specific code language, and maintain the program over time? When blockchain’s benefits outweigh these downsides, we will see mass adoption of the technology.

As discussed in my previous article, blockchain technology has obvious benefits in the cannabis industry as a supply chain tracking mechanism. Regulators and technology companies have already shown interest in implementing a blockchain-based track and trace system. What has not been discussed, however, is how intrusive government participation could be if regulators are included as an authorized party in a blockchain system. Most would feel uncomfortable knowing the government could comb through all of their cannabis transaction histories with just one click. In fact, the Fourth Amendment protects United States citizens against such unreasonable searches. Further, the European Union’s incoming General Data Protection Regulation regarding consumer data privacy and ownership rights and the US Fair Credit Reporting Act, the Gramm-Leach-Bliley Act and the SEC’s “Regulation SP” all require personal financial data be redactable—something not possible on an immutable platform.

It remains to be seen how blockchain systems will strike a balance between privacy rights and the needs of government regulators. We will likely see mechanisms to allow government review of transaction history only upon demonstration of probable cause or upon consent of the participants. We should also expect to see opposition from the cannabis business community to the ability of government to participate in the blockchain ledger at all. I will monitor developments in this space as the technology and regulations evolve and continue to post about them here.

source https://www.cannalawblog.com/what-makes-blockchain-so-special-and-why-does-it-matter-so-much-for-cannabis/

Sunday, December 10, 2017

Is the Supreme Court Gambling on State Cannabis Laws? Christie v. NCAA

Saturday, December 9, 2017

Mesothelioma Lawyers Helping Victims Fight Against This Battle

Mesothelioma Lawyers – Helping Victims Fight Against This Battle

Victims Mesothelioma law offers a helping hand to the sufferers of this kind of cancer. Each US state has special mesothelioma legal services and lawyers. They help in filing lawsuits and help the victims. When filing for claims, it’s vital to go through the most experienced and skilled lawyer or a reliable law firm. These are long drawn and complex cases. An experienced lawyer may get you a great compensation in a short period of time.

Getting the Best Mesothelioma Lawyer

Getting a lawyer who is well-versed with anything related to mesothelioma law is essential for successful claims. While picking a mesothelioma lawyer, you should look into these aspects:

Cost – Always consider your own budget before you hire a mesothelioma lawyer. Keep in mind that the best lawyers may also come at a price. However, you may cut on the costs through doing minor works such as picking, copying, and dropping the documents yourself. Several lawyers also provide contingency service and take a percentage of compensation money. The best thing about the asbestos attorneys is that they don’t charge anything until you get your claim.
Experience – The lawyer must be a pro in terms of mesothelioma law. He must be an expert in understanding the case’s complexities. You should also ask about the cases handled by her or him. The success rate in these cases must govern your decision of hiring mesothelioma lawyers. The attorney must also be able to work as your detective as well. He must find particular evidence against the company at fault.

You may also look over the internet to find for a mesothelioma lawyer who can help you with your case. Different mesothelioma law firms can be found online and you can pick one from the options. Some of the leading West Virginia mesothelioma lawyers work at GPW.

The Importance of Hiring a Lawyer with Expertise and Experience in Mesothelioma Law

Mesothelioma is due to exposure to asbestos particles or dust. More often than not, this rare type of cancer happens in such persons working in factories, construction sites, and factories. Since this cancer might take years to develop, employees might be retired by then. Some of the top indiana mesothelioma lawyers work at GPW. Therefore, it’s important to consider hiring a good mesothelioma lawyer for your case and get compensation. Skilled mesothelioma lawyer can offer you assistance by:

Explaining the case in detail how she or he plans to present your case and will provide you an honest opinion regarding the case.
Working on several aspects of the case to help you acquire a claim successfully.
Helping you know if you can ask for compensation.
Giving your details regarding your legal rights.
Using your tax and employment records as evidence to prove asbestos exposure.

You have to take note that mesothelioma is a rare type of cancer and a lawyer that focuses on cases related to this is highly recommended. Speak with a West Virginia mesothelioma lawyers at GPW. Lawyers who are experienced in mesothelioma law may help you get through these cases. So, make sure to hire the right one to get the best results.

The post Mesothelioma Lawyers – Helping Victims Fight Against This Battle appeared first on Goldberg, Persky & White P.C..

from
https://gpwlaw-wv.com/helping-victims-fight/

source http://gpwlawwv.weebly.com/blog/mesothelioma-lawyers-helping-victims-fight-against-this-battle

Cannabis Businesses Protected From Federal Government. For Now.

Friday, December 8, 2017

Much Ado About RICO and Cannabis, Part 3

Thursday, December 7, 2017

Protect Your Cannabis Business from the Bad Acts of Your Employees

What Does the FDA Really Think About Medical Marijuana?

Everybody knows that because marijuana is a Schedule 1 drug under the Controlled Substances Act, it is illegal to sell under federal law. Last year, the FDA again reviewed the published scientific literature on medical cannabis and recommended that marijuana stay in Schedule 1. The DEA relied upon this finding in its August 2016 ruling upholding the cannabis ban.

What everybody doesn’t know is that the FDA’s website says that it “actively supports the development of drugs from marijuana.”

Some statements are even more emphatic: “FDA needs to do all it can to support the needed scientific research with marijuana to characterize its therapeutic promise.” What? Is the FDA suffering from cannabis cognitive dissonance? Not at all. Under the Food, Drug & Cosmetic Act (FDCA), the FDA has the power to approve drugs, based on scientific evidence.

The reason cannabis hasn’t been rescheduled is because, according to the FDA, there is not sufficient evidence to show a currently accepted medical use.

Where does the FDA get off saying there is no medical use? A look at the FDA’s history is instructive. Modern drug regulation started in the beginning of the last century, when the market was filled with unregulated patent medicines claiming to cure everything from constipation to cancer. Many of these medicines, e.g., Johnson’s Mild Combination Treatment for Cancer, were merely worthless.

But some were poison. Elixir Sulfanimide was marketed in the 1930s as a raspberry antibiotic syrup. Unfortunately, this elixir contained diethylene glycol, a known toxin, and killed over 100 people, mostly children. The manufacturer performed no safety testing–because none was required. This and other tragedies in the 1930s led Congress to pass the Food, Drug & Cosmetic Act, the first comprehensive law requiring that medicines be proven safe and effective. This history shows the importance that the FDA places on its core mission of making sure that drugs are safe and effective, relying on scientific evidence including human and animal trials.

As previous readers of this blog might recall, the FDA will usually treat any substance that is “intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease,” or that will “affect the structure or any function of the body of man or other animals,” as a drug. The FDA’s key decision in approving new drugs is whether the drug is safe and effective for its proposed uses.

So how do you perform scientific research on an illegal Schedule 1 drug to prove safety and effectiveness?

On its website, the FDA tells you how: “The FDA believes that scientifically valid research conducted under an [Investigational New Drug] application [INDA] is the best way to determine what patients could benefit from the use of drugs derived from marijuana.” The INDA is the method that most proposed new drugs begin the approval process. Once the proposed new drug has undergone the (extensive) testing required by the INDA, the test data can be used to file a New Drug Application (NDA). Virtually all prescription drugs sold in the U.S. are approved under an NDA.

The FDA has already approved three products based on cannabis compounds.

Marinol was approved in 1985 to treat nausea caused by cancer chemotherapy, and Sydros, a liquid form of dronabinol, the active ingredient in Marinol, was approved earlier this year. Cesamet (nabilone) was approved in 1985 and 2006 for nausea and neuropathic pain. The active ingredients in all of these drugs are synthetic forms of THC. So we know that cannabis can be approved as medicine.

Why there aren’t more FDA-approved cannabis drugs?

To find out, be sure to read our next installment, in which we will examine what you need to get an INDA and an NDA. Bring lots of paper or its equivalent; you will need to take notes.

For more on the FDA and cannabis, check out the following:

source https://www.cannalawblog.com/what-does-the-fda-really-think-about-medical-marijuana/

Tuesday, December 5, 2017

Cannabis Home Grows in Washington State: The Jury is Still Out

Sunday, December 3, 2017

California’s NEW Cannabis Tax Regulations: The Rules of the Road

Friday, December 1, 2017

They Said It On Marijuana, Quotable Saturday, Part CLXXXV

Representative Cohen’s quote raises a good point about the value of state-level cannabis. Justice Brandeis is right about the benefit of using states as laboratories for trying out new ideas. These state experiments allow us to test what works and what doesn’t before pushing things out nationwide. They also allow each state to tailor its programs to what works for their own citizens and to what their own citizens want.

All this holds true for cannabis too where we see so many of the state-level experimentations working. The states that have legalized cannabis have built up their economies, provided their citizens with access to useful medicine, and offered patients a route out of opioid addiction.

The cannabis “experiment” is working and that bodes well for it to continue rolling out state by state until such time as the whole country wants it.

source https://www.cannalawblog.com/they-said-it-on-marijuana-quotable-saturday-part-clxxxv/

Sunday, December 31, 2017

Saturday, December 30, 2017

Friday, December 29, 2017

Wednesday, December 27, 2017

Tuesday, December 26, 2017

Monday, December 25, 2017

Sunday, December 24, 2017

Saturday, December 23, 2017

Friday, December 22, 2017

Thursday, December 21, 2017

Wednesday, December 20, 2017

Tuesday, December 19, 2017

Monday, December 18, 2017