GleamLaw1467 karma2016-05-13 16:24:05 UTC
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GleamLaw323 karma2016-05-13 16:16:35 UTC
Neil: While it is federally illegal, an employer can still discriminate against cannabis users, even if it is permitted by state law.
GleamLaw321 karma2020-04-20 14:48:25 UTC
Cassidy: It depends on the quality of his Law Blog. In this modern era, we'd need a Bob Loblaw who could lob law bombs effectively.
GleamLaw277 karma2016-05-13 16:21:35 UTC
Neil: This is very fact-specific, so it depends upon the mark and which classes of goods and services are used in commerce. It is also dependent upon which USPTO examiner is assigned to the application. I would be happy to discuss it with you over email or by phone for a more in-depth answer.
GleamLaw235 karma2016-05-13 17:22:18 UTC
Washington had a somewhat similar situation for many years. We passed medical marijuana back in 2011, but our Governor was worried about state employees being prosecuted as co-conspirators to produce and distribute a federally controlled substance. She sought guidance from the Federal government, who told her that yes, state employees could be charged with drug crimes if they participated in the licensing, regulating, inspection, and sale of marijuana. As a result, the Governor vetoed all portions of the law that would have regulated the industry.
What this left us with was an unregulated industry that had no quality control, no safety inspections, no required pesticide testing, no legal protection for patients, no significant state tax benefits, and no way of knowing about problems until after they were already serious problems. Regulation can be a burden, but a lot of regulations exist to protect consumers and ensure the long-term interests of the industry, but there is a right way and a wrong way.
Washington and Colorado have had our battles on how to effectively write our regulations, but at every step the state was invested in making this industry as strong as possible while also protecting patients and keeping federal law enforcement at bay.
Compare that to Montana's approach. They passed a ballot initiative by a majority vote of their populace legalizing medical marijuana. In response, the state legislature passed regulations so harsh that they effectively made it impossible for the industry to exist. It was clearly by design.
With any luck, Canada's (and Toronto's) leaders will take a more economically business friendly approach that balances the interests of the state, the country, the user, and the stakeholders.
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