Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Tuesday, November 28, 2017

Exploring how federal illegality / state legality impacts applicability of other laws to marijuana businesses

As my Marijuana Law, Policy & Reform seminar is hitting its homestretch, the last group of students are continuing to deliver great presentations on the marijuana-related topics of their choosing. One student scheduled for the next class has been "looking into the way the federal illegality / state legality of marijuana affects applicability of other laws to marijuana businesses":

For example, will a court enforce a contract to grow, provide, or produce marijuana, even though courts will not usually enforce contracts for illegal activities? Can an injured worker be reimbursed for medical marijuana expenses through workers' compensation? Can federal agencies assert jurisdiction over businesses in an industry that the federal government is itself tasked with eliminating? These are some examples of questions I will attempt to answer during my presentation.

Here are links to recommend reading materials that the student suggested as background on the topic:

"Your Cannabis Contract: Is It Worth The Paper It's Written On?"

"Doing Business with Pot Businesses #2: Cannabis Business Contracts"

"Marijuana Commercial Leases: This Industry Is Different, You Know"

Mann v. Gullickson, No. 15-CV-03630-MEJ, 2016 WL 6473215 (N.D. Cal. Nov. 2, 2016)

Vialpando v. Ben's Auto. Servs., 2014-NMCA-084, 331 P.3d 975 (App. N.M. 2014)

Taylor G. Sachs, The Wellness Approach: Weeding Out Unfair Labor Practices in the Cannabis Industry, 43 Fla. St. U. L. Rev. 287 (2015)

Greenwood v. Green Leaf Lab LLC, No. 3:17-CV-00415-PK, 2017 WL 3391671 (D. Or. July 13, 2017), report and recommendation adopted, No. 3:17-CV-00415-PK, 2017 WL 3391647 (D. Or. Aug. 7, 2017)

Yahoo Ctr. v. Liberty Mut. Ins. Co., No. 2:16-CV-01397-SVW-SS, 2016 WL 9138061 (C.D. Cal. June 16, 2016)

Barnett v. State Farm Gen. Ins. Co., 200 Cal. App. 4th 536, 132 Cal. Rptr. 3d 742 (2011)

Anh Hung Huynh v. Safeco Ins. Co. of Am., No. C 12-01574-PSG, 2012 WL 5893482 (N.D. Cal. Nov. 23, 2012)

Nationwide Mut. Fire Ins. Co. v. McDermott, 603 F. App'x 374 (6th Cir. 2015)

United Specialty Ins. Co. v. Barry Inn Realty Inc., 130 F. Supp. 3d 834 (S.D.N.Y. 2015), appeal dismissed (Nov. 17, 2015)

Tracy v. USAA Cas. Ins. Co., No. CIV. 11-00487 LEK, 2012 WL 928186 (D. Haw. Mar. 16, 2012)

Assembled readings on specific topics | Permalink


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