Introducing Tracking Cannabis, A Legal Blog By Thompson Coburn

Thompson Coburn has launched Tracking Cannabis, a cannabis law blog. Our interdisciplinary cannabis practice group will use this blog to provide updates and insights on the latest developments in the cannabis industry.

There is a maze of laws and regulations that impacts clients in the industry. My area of interest is compliance with regulatory requirements related to health and safety. Within this area, there are a number of interesting websites. One site that I often consult and you may find interesting is an overview of state medical marijuana laws by the National Conference of State Legislatures. Another that addresses the concerns of the public health sector is the Recreational Marijuana Laws Map by LawAtlas.

State's that permit the sale of medical cannabis sale generally follow a pattern of permitting physicians to recommend cannabis for a limited number of clinical diagnoses. Further, many such states require specific physician conduct in relation to patients receiving the product.

Federal law addressing cannabis includes the Controlled Substances Act (CSA) (21 U.S.C. §812(c), Sch.I(c)(10)), which is clarified by a case from the United States Court of Appeals for the Ninth Circuit, Conant v. Walters, 309 F.3d 629 (9th Cir. 2002). The CSA lists marijuana as a controlled substance with no acceptable medical use. The language of the CSA was construed in the Conant case to permit Dr. Conant, a California physician, to advise and speak with patients about the benefits of marijuana. This allowed him to recommend marijuana, but he could not prescribe it or otherwise intend to help the patient acquire it.

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