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United States: Cannabis-Related Contract Enforcement: A Solution Presents Itself?

Last Updated: February 25 2016

Article by Adam J. Detsky

One of many concerns regarding the cannabis industry is the federal courts’ refusal to enforce cannabis-related partnership agreements, loan agreements, and various contracts related to business formation and operation. While there are a few state courts in Colorado that have rejected arguments that agreements related to cannabis should be void automatically as a violation of federal law – these instances have been few and far between, occurring only at the trial court level and none have been subject to an appeal. But it appears that the solution to the issue of agreement enforceability may have finally presented itself: specific mandatory arbitration agreements and choice-of-law provisions.

United States: Waiting To Exhale: Cannabis Industry Breathes Sigh Of Relief Over Extension Of Rohrabacher-Farr Amendment

Last Updated: January 12 2016

Article by Jeffrey N. Brown and Rowena G. Santos

With the recent signing of the Consolidated Appropriations Act of 2016 (H.R. 2029), President Obama extended a provision through September 2016 that restricts the federal government from interfering with states’ rights to enact their own medical cannabis laws. The legislation, also known as the 2016 Omnibus Spending Bill, included the bipartisan Rohrabacher-Farr Amendment, which prevents the federal government from expending any funds to prevent 33 states from “implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”

United States: Weighing Risks And Benefits: Cannabis, Pain Reduction, And Opioid Abstinence

Last Updated: March 15 2016

Article by Carl L. Rowley and Susan L. Werstak

In a recent study that has been accepted for publication in The Clinical Journal of Pain, researchers assessed the long-term effect of medical cannabis treatment on pain and other outcomes (including sleep problems) in people suffering from chronic pain that was resistant to other treatments (including opioid consumption). The design was longitudinal and prospective (in which 176 participants were followed forward in time for about six months) and open-label (meaning that

United States: U.S. District Court Says No To Marijuana Industry Credit Union In Colorado

Last Updated: January 17 2016

Article by Adam J. Detsky

Financial institutions fear providing banking services to the cannabis industry for numerous reasons: potential criminal liability, loss of federal insurance, asset seizure, loan collateral vulnerability, civil lawsuits, the prospect of having to monitor operational legality and compliance, and more. As a result, marijuana-related businesses have faced difficulty securing accounts with financial institutions. As a solution, cannabis-related businesses began to look toward specialized credit unions. However, a ruling from United States District Court Judge R. Brooke Jackson dealt the potential solution a severe setback by dismissing a lawsuit seeking federal approval of the first credit union for marijuana in Colorado.

Canada: Dazed And Confused: A Look At Medical Marijuana And Ontario Schools

Last Updated: February 5 2016

Article by Michael D. Lickver, Hugo M. Alves and Vladimir Klacar

As the Canadian medical marijuana industry continues to expand and evolve at a rapid pace, unintended gaps have begun to appear across a wide spectrum of legislation. One such gap currently exists in the Ontario school system whereby students with prescriptions for medical marijuana (Student Patients) may face accommodation challenges as they tread into uncharted and controversial territory.