Health Law Matters

Showing 31 posts in Medical Marijuana.

The Latest Hemp Laws State-by-State: July 2019

Hemp field close up

One state established a hemp growth program, one governor vetoed legislation expanding his state’s hemp program, and agencies in five states announced hemp policies or regulations. One county prosecutor announced CBD is illegal in his state. One city passed a one-year moratorium on new CBD businesses. Below is a review of the latest hemp legal changes listed state-by-state. Read More ›

Ohio, Let’s Talk About C-B-D, Let’s Talk About Hemp Baby

It’s official — with Governor DeWine’s signature, Senate Bill 57 legalized hemp-derived products like cannabidiol (CBD) oil in the state of Ohio. With this law, Ohio catches up to several other states and the federal government in making products from this type of cannabis plant legal to sell and use without a recommendation from a physician and without purchase from a licensed medical marijuana dispensary.  Read More ›

Obtaining Federal Trademark Protection for Hemp and CBD Products

CBD Oil on a hemp leaf

While marijuana remains illegal at the federal level, decriminalization of marijuana in over half the U.S. states has created many business opportunities and led to the creation of a multi-billion-dollar industry. Read More ›

Growing Products Liability Claims Against the Marijuana Industry

Marijuana products liability claims are inevitable. As the marijuana industry increases in size, and more states eventually legalize its use for medical or recreational purposes, it will become a target of litigation. Although only a small number of cases have been filed, manufacturers, retailers, and others along the marijuana supply chain need to prepare for the inevitable increase in claims against the industry, specifically those arising out of products liability.  Read More ›

West Virginia Medical Cannabis Banking Reforms Take Shape

West Virginia State Flag

On April 25, 2019, the West Virginia Treasurer’s Office issued a request for proposals (RFP) seeking bids from financial institutions to provide banking services to West Virginia’s medical cannabis program. Read More ›

With CBD Legal, is THC in the Workplace A-OK?

The 2018 Farm Bill’s legalization of hemp set the stage for a resurgence in hemp production and the proliferation of hemp-derived cannabidiol (CBD) products. What’s more, numerous states have introduced or passed bills legalizing medical marijuana, despite marijuana’s classification as a Schedule 1 substance under federal law. Read More ›

Physician Alert: Patient Informed Consent for Medical Marijuana Treatments

State laws vary considerably in terms of the professional obligations they place on physicians obtaining a patient’s informed consent for the use of medical marijuana. Ohio, for example, requires a physician to document in the medical record the patient’s consent (or legal representative’s consent if the patient is a minor) to medical marijuana treatment prior to completing a recommendation. Ohio Administrative Code 4731-32-03. Read More ›

West Virginia Passes Medical Cannabis Banking Reforms

West Virginia Adopts  New Rules to Combat the Opioid Epidemic

West Virginia Governor Jim Justice, on March 26, 2019, signed House Bill 2538, which was intended to address banking issues that Treasurer John Perdue and the existing correspondent banks for the State of West Virginia previously raised with respect to the fees, penalties, and taxes authorized by the West Virginia Medical Cannabis Act. Read More ›

Medical Marijuana, Employers, and Drug Policies

Drug test

Ohio, like most states, has a law (O.R.C. 3796 et. seq.) permitting the use of medical marijuana. Ohio’s medical marijuana program was set to be fully operational as of September 8, 2018; however, the program was plagued by a number of setbacks and is only now getting started. This is likely good news for employers, who should take this extra time to ensure they understand how the law stands to impact their workplace and employment practices. Read More ›

Medical Marijuana and the Terminally Ill: How Ohio Hospice Programs Can Learn to Cope with “Dope”

With nearly 20,000 registered Ohioans with medical marijuana recommendations, it is inevitable that Ohio Hospice program leaders will need to make a decision on medical marijuana as soon as possible. Read More ›

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Attorney Spotlight

James (Jim) A. Dietz is a Member at FBT who provides an array of legal services to hospitals, physicians, long-term care providers, diagnostic facilities, and others across the spectrum of patient care.

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