Cannabis Laws and the Future of Cannabis

Transcript:Cannabis Laws and the Future of Cannabis:
Cannabis Laws and the Future of Cannabis Management (Including Employee Issues) 2021 Arkansas Recycling Coalition Conference and Tradeshow 1 Walter G. Wright wwright@mwlaw.com Stuart Spencer sspencer@mwlaw.com Cara Butler cbutler@mwlaw.com 2 Arkansas Environmental Energy and Water Log Blog http://www.mitchellwilliamslaw.com/blog Three combined posts every business day addressing federal/Arkansas legislation, regulation, administrative/judicial decisions and personnel transitions 3 Topics to be Addressed: What does the Arkansas Medical Marijuana Amendment provide? How are the cultivation and processing facilities regulated from an environmental and safety standoint? What are the rules applicable to medical marijuana waste? Marijuana waste itself Marijuana waste such as solvents, oils, etc., generated in processing activities. The various employer/employee issues raised by a workforce that can now legally ingest marijuana if they meet certain criteria (and how to address these issues) 4 Therefore, we will discuss key employment issues. We also will focus on issues associated with marijuana waste disposal such as: Waste generated (variety of wastes may be generated) Disposal/treatment activities Potentially applicable federal and state environmental legal requirements Contract Issues/Allocation of liability associated with disposal 5 Medical Marijuana Constitutional Amendment Decriminalizes (from a state [Arkansas] standpoint) certain use of marijuana Establishment of regulation of cultivators and dispensaries Does not require “Employer to accommodate the ingestion of marijuana in a workplace or an employee working under the influence of marijuana.” Outlines process pursuant to which an individual can become a “Qualifying Patient” who can use medical marijuana Doctor certifies he/she has a “Qualifying Medical Condition” 6 Marijuana is still illegal at the Federal level DEA Schedule I controlled substance Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse Obama Administration Attorney General relaxed federal enforcement Trump Administration sending mixed messages What will Biden Administration do? 7 Arkansas passage of the Arkansas Medical Marijuana Amendment (“AMMA”) of 2016 set in motion fast-paced efforts to put in place rules that will allow the cultivation, processing, dispensing, and purchase of marijuana for medicinal-related consumption. Cultivation and dispensaries operating across the State of Arkansas Thousands of registry cards issued by Arkansas Department of Health The legalization of certain uses/cultivation of marijuana in Arkansas is generating a host of legal issues including healthcare, insurance, banking, OSHA, etc. 8 This is arguably particularly difficult for many employers in the solid and hazardous waste and recycling industries because