USA: Discussion – Lawyers & Experts On Reddit ” What Will Happen to Office Drug Testing Post-Legalization? Cannabis Attorneys Weigh In”

16 May 2016

If you are a Reddit user it may be worth tuning into this.

Here’s some examples of what’s being discused

Here’s a recap of the AMA featuring the following participants from Gleam Law, which practices in Washington and Oregon:

  • Representative Roger Goodman, a five term Washington state representative and a long-time drug policy reform advocate
  • Mike Herron, managing attorney of the Oregon Gleam Law office and its primary corporate attorney
  • Rachel Kurtz, drug policy reform advocate and policy wonk
  • Ammon Ford, Gleam Law clerk who started the Cannabis Law Society (CLAW) at Seattle University School of Law

What does the future look like for office drug testing in the states where it has been legalized? Can people looking to get a job still be penalized for using a recreational and legal substance?

Gleam Law (Neil): While it is federally illegal, an employer can still discriminate against cannabis users, even if it is permitted by state law.

What do you think the most difficult obstacle will be in making cannabis into a commodity that is comparable with alcohol in terms of ease of distribution and regulation?

Gleam Law (Neil): The current issue is that the agencies are trying to adapt alcohol regulation to cannabis. It is not an easy application for numerous reasons. Unlike alcohol, which is based upon one (-OH) group with predictable effects, we don’t understand how or why different strains and different administration methods have different effects. Commodification is much more difficult with such a wide variation in the product/medicine.

Do you see federal legalization for recreational or medical purposes on the horizon? If so what sort of timeline for it happening do you approximate?

Gleam Law (Neil): It is definitely coming. It will be determined by the next president. We have an inter-office betting pool on when it will occur. There are few bets on less than 12 months.

How does patenting strains work? Is that a possibility, or can you copyright a name for your strain?

Gleam Law (Neil): Technically it is possible. Plant patents have two main requirements: Novel and Non-obvious. The hurdle to overcome here is the obviousness rejection. Simply crossing two known strains is obvious. One would want to find a variation that is substantially different and not an obvious variation to already existing strains.


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