Medical Marijuana Update

An Idaho initiative campaign aimed at 2022 gears up, a court rules that Michigan probationers can use medical marijuana, and more.

Biden Administration Opposes Marijuana Dispensary's Tax Fight for Supreme Court Review. In one of the first actions regarding marijuana in the Biden administration, the IRS has argued against a Denver-based dispensary, Standing Akimbo LLC, having its case heard in the US Supreme Court. The dispensary is seeking to challenge an IRS rule that business tax deductions cannot be taken by marijuana businesses because marijuana remains illegal under federal law.

Connecticut

Connecticut Bill Would Require "Labor Peace" for Marijuana Businesses. A bill now before the Labor and Public Employees Committee, HB 6377, would require that marijuana businesses enter into labor peace agreements with a union before being granted licenses. The bill would require an agreement "between a cannabis establishment and a bona fide labor organization that protects the state's interests by, at minimum, prohibiting the labor organization from engaging in picketing, work stoppages or boycotts against the cannabis establishment." Under the bill, marijuana employers would give up some rights, including the right to speak to employees about union organizing efforts.

Idaho

Idaho Campaigners Cleared to Begin Signature Gathering for 2022 Medical Marijuana Initiative. Kind Idaho, the group leading the campaign for a 2022 medical marijuana initiative, has been cleared to begin signature gathering. A 2020 signature-gathering campaign was disrupted by the coronavirus and ultimately failed to back the ballot. This move comes as a medical marijuana bill has just been introduced in the legislature and as the legislature also considers legislation that would prevent the state from legalizing any currently illicit drugs.

Michigan

Michigan Appeals Court Upholds Right of People on Probation to Use Medical Marijuana. The state Court of Appeals has ruled that judges cannot prevent people from using medical marijuana as a condition of probation. The ruling came after a Traverse County district court judge barred Michael Thue from using medical marijuana while on probation, saying it was a policy of circuit court judges in the county. But the appeals court ruled that anyone who has a state-issued medical marijuana card is immune to such penalties.

South Dakota

South Dakota Governor Seeks Delay in Implementing Medical Marijuana Initiative. Gov. Kristi Noem (R) said Wednesday that while she will not stand in the way of implementing a voter-approved medical marijuana initiative, the state will need more time to get the program up and running. "We are working diligently to get IM 26 implemented safely and correctly," Noem said. "The feasibility of getting this program up and running well will take additional time." Under state law, voter-approved ballot measures are supposed to take effect the following July 1, but Noem and the state's Republican legislative leadership say they will delay implementation until July 1, 2022.